Notice of HUD's Fiscal Year (FY) 2007 Notice of Funding Availability (NOFA) Policy Requirements and General Section to the FY2007 SuperNOFA for HUD's Discretionary Programs, 2396-2420 [07-131]
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5100–N–01]
Notice of HUD’s Fiscal Year (FY) 2007
Notice of Funding Availability (NOFA)
Policy Requirements and General
Section to the FY2007 SuperNOFA for
HUD’s Discretionary Programs
Office of the Secretary, HUD.
Notice of HUD’s FY2007 NOFA
Policy Requirements and General
Section to the FY2007 SuperNOFA for
HUD’s Discretionary Programs (notice).
AGENCY:
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ACTION:
SUMMARY: This notice provides
prospective applicants for HUD
competitive funding with the
opportunity to become familiar with the
General Section of HUD’s FY2007
SuperNOFA, in advance of publication
of the FY2007 SuperNOFA. HUD plans
to publish its annual SuperNOFA early
in 2007. Early publication of the General
Section is one of several steps instituted
to improve the funding process for the
grantee community. Early publication of
the General Section gives prospective
applicants additional time to become
familiar with and address provisions in
the General Section, which constitute
part of almost every individual program
application. HUD will publish with the
SuperNOFA any changes to this General
Section made after today’s publication.
HUD will continue to require that
applicants submit their applications
electronically via Grants.gov. To submit
an application via Grants.gov, new users
will be required to complete a five-step
registration process, which can take 2 to
4 weeks to complete. The process
includes ensuring that information
provided by your organization to Dun
and Bradstreet (D&B) matches
information previously provided by
your organization and contained in
Internal Revenue Service (IRS) records.
If there is a discrepancy in the
information, the registration cannot be
completed until discrepancy issues are
resolved. Applicants that are already
registered have to update the
information previously provided in the
Central Contractor Registration (CCR).
During the update process, the CCR will
check the D&B information against the
IRS records for your organization. If
there are discrepancies, the update
cannot be completed until the
discrepancies are resolved. Please allow
adequate time to resolve any registration
issues. To submit an application to
HUD, the Authorized Organization
Representative (AOR) must be able to
make a legally binding agreement for the
organizational entity. Please see detailed
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registration instructions in Section IV.B.
of this notice.
For FY2007, the Continuum of Care
applications are the lone SuperNOFA
paper applications that HUD will accept
without first granting a waiver.
Continuum of Care applicants should be
aware that HUD intends to have the
Continuum of Care applicants applying
via Grants.gov no later than FY2008.
Therefore, it is in the interest of
Continuum of Care applicants to
complete the Grants.gov registration
process in anticipation of moving to
electronic application submission in
2008. Continuum of Care agencies
would benefit from becoming familiar
with the Grants.gov filing requirements
so that they do not limit their ability to
apply for funding from federal sources.
HUD recommends that all prospective
applicants take the time to carefully
read the Federal Register notice
published on October 31, 2006, entitled
‘‘Notice of Opportunity to Register Early
and other Important Information for
Electronic Application Submission via
Grants.gov’’ and register prior to the
publication of the Program Sections of
the FY2007 SuperNOFA. The early
registration notice can be found on
HUD’s Web site at https://www.hud.gov/
offices/adm/grants/fundsavail.cfm.
FOR FURTHER INFORMATION CONTACT:
Office of Departmental Grants
Management and Oversight, Office of
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Room 3156, Washington,
DC 20410–5000; telephone number
(202) 708–0667. Persons with hearing or
speech impairments may access this
number via TTY by calling the Federal
Information Relay Service at (800) 877–
8339.
SUPPLEMENTARY INFORMATION: Each year,
HUD strives to improve its competitive
funding process. In FY 2005, HUD
successfully migrated a majority of its
funding opportunities to electronic
application submission. In FY 2006,
over 99 percent of applicants
successfully submitted applications
electronically for HUD’s grant programs.
While a majority of HUD’s applicants
were able to make the transition to
electronic government, HUD wants to
enable all applicants to make the
transition. To ease concerns, HUD has
developed a Desktop User Guide for
Submitting Electronic Grant
Applications. The user guide provides
step-by-step details and screen shots of
the entire registration and application
submission process, including
troubleshooting application submission
errors. HUD updates the guide regularly
and it is available at https://
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www.hud.gov/offices/adm/grants/
deskuserguide.pdf.
In addition, HUD’s Early Registration
Notice provides step-by-step
instructions for applicants who must
register with Grants.gov and also
provides renewal instructions for those
who have previously registered. The
renewal instructions are simple and
easy to follow, but must be completed
before an applicant’s registration in the
CCR expires. Failure to update the
registration in the CCR will require an
applicant to go through the entire
registration process again. As part of the
CCR renewal process, CCR checks the
information provided to Dun and
Bradstreet (D&B) against IRS records. If
a discrepancy in the information is
found, the applicant must correct the
discrepancy before the renewal process
can be completed. Applicants are urged
to check the information they provided
to D&B, CCR, and the IRS to ensure
consistency. HUD believes that early
publication of the General Section is
beneficial to prospective applicants by
providing advance notice of the
Department’s threshold requirements,
strategic goals, policy priorities, and
other comprehensive requirements that
are applicable to almost every
individual NOFA that comprises the
SuperNOFA. The General Section, as in
the past, is structured to refer the reader
to the individual program NOFAs.
Although the program NOFAs are not
being published at this time, the
references are retained. This way, when
the Program Sections of the FY2007
SuperNOFA are published, they will be
fully reconciled with the General
Section, as has been the case since 1998
when the SuperNOFA was first
published. Applicants interested in
receiving e-mail notification of the
availability of the program sections
should go to https://www.grants.gov/
applicants/email_subscription.jsp and
sign up for e-mail notification of
funding opportunities. By doing so, you
will receive an e-mail as soon as the
program NOFA portion of the
SuperNOFA is available on Grants.gov.
It is HUD’s intent to have every
applicant (the exception being
Continuum of Care applicants who will
still be submitting paper applications in
FY 2007) successfully submit an
electronic application via Grants.gov in
FY 2007. You can help HUD improve its
outreach and program NOFAs by
providing feedback on ways it can
improve the SuperNOFA process. Please
note that each application contains a
‘‘You Are Our Client’’ survey
questionnaire. HUD requests that you
respond to this survey to let the
Department know what improvements
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have been beneficial and to share your
ideas on where improvements can
continue to be made. HUD carefully
considers the comments received from
its clients and continually strives to
improve each year’s SuperNOFA and its
funding process. This publication
includes a list of programs anticipated
to be in the FY2007 SuperNOFA,
subject to the availability of funds. The
program NOFA portion of the
SuperNOFA will include any changes
made to this listing and provide
projected funding available and
application deadline dates.
HUD hopes that the steps that it has
taken to provide information early in
the FY2007 funding process and
SuperNOFA requirements will be of
benefit to you, our applicants.
Dated: January 4, 2007.
Roy A. Bernardi,
Deputy Secretary.
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Overview Information
A. Federal Agency Name: Department
of Housing and Urban Development
(HUD), Office of the Secretary.
B. Funding Opportunity Title: Policy
requirements applicable to all HUD
NOFAs published during FY2007.
C. Announcement Type: Initial
announcement of the general policy
requirements that apply to all HUD
federal financial assistance NOFAs for
FY2007 issued simultaneous with or
after the publication of this notice.
D. Funding Opportunity Number: FR
5100–N–01.
E. Catalog of Federal Domestic
Assistance (CFDA) Number: A CFDA
number is provided for each HUD
federal financial assistance program.
When using ‘‘Apply Step 1’’ on the
Grants.gov Web site to download an
application, you will be asked for the
CFDA number. Please refer to the
program NOFA for the CFDA number
assigned to the program(s) for which
you wish to apply. Use only the CFDA
number, the Funding Competition
Identification Number, OR the Funding
Opportunity Number when using the
search feature on Grants.gov. Using
more than one of these items will result
in an error message indicating that the
opportunity cannot be found.
F. Dates: The deadline dates that
apply to the federal financial assistance
made available through HUD’s FY2007
SuperNOFA will be found in the
program NOFAs contained in the
published SuperNOFA. HUD is
currently operating under a Continuing
Resolution and it is expected that
appropriations for FY2007 will be
enacted soon. Appendix A to this
General Section lists the programs that
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were included in the FY2006
SuperNOFA. This list should not be
understood as a final or comprehensive
list of the programs that will be
published in the FY2007 SuperNOFA.
For example, the Youthbuild program,
which was included in the FY2006
SuperNOFA, was transferred to the
United States Department of Labor on
September 22, 2006 in accordance with
Public Law 109–281 and will not be
included in the FY2007 SuperNOFA.
Additionally, FY2007 appropriations,
when enacted, may result in other
changes to the list of programs issued
for FY2007. When published, the
SuperNOFA will contain a revised
Appendix A to the General Section
providing the final list of programs
included in the SuperNOFA, funds
available under each funding
opportunity, and key deadline dates.
The contents of Appendix A will be
based upon the enacted appropriations.
G. Additional Overview Content
Information: Unless otherwise stated,
HUD’s general policy requirements set
forth in this notice apply to all HUD
federal financial assistance made
available through HUD’s FY2007
NOFAs. These policies cover those
NOFAs issued through the FY2007
SuperNOFA, and those NOFAs issued
after publication of the SuperNOFA.
I. Funding Opportunity Description
This notice describes HUD’s FY2007
policy requirements applicable to all of
HUD’s NOFAs published in FY2007.
Each such NOFA will contain a
description of the specific requirements
for the program for which funding is
made available and each will refer to
applicable policies described in this
General Section. Each program NOFA
will also describe additional procedures
and requirements that apply to the
individual program NOFA, including a
description of the eligible applicants,
eligible activities, threshold
requirements, factors for award, and any
additional program requirements or
limitations. To adequately address all of
the application requirements for any
program for which you intend to apply,
please carefully read and respond to
both this General Section and the
individual program NOFAs.
Authority. HUD’s authority for
making funding available under its
FY2007 programs is identified in each
program NOFA under this section of the
General Section.
II. Award Information
Funding Available. Each program
NOFA will identify the estimated
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amount of funds available in FY2007
based on available appropriations plus
funds from previous years available for
award in FY2007. Appendix A to this
notice contains a chart of the programs
that were included in the FY2006
SuperNOFA. This list should not be
understood as a final or comprehensive
list of the programs that will be
published in the FY2007 SuperNOFA.
For example, the Youthbuild program,
which was included in the FY2006
SuperNOFA, was transferred to the
United States Department of Labor on
September 22, 2006 in accordance with
Public Law 109–281 and will not be
included in the FY2007 SuperNOFA.
Additionally, FY2007 appropriations,
when enacted, may result in other
changes to the list of programs issued
for FY2007. When published, the
SuperNOFA will contain a revised
Appendix A to the General Section
providing the final list of programs
included in the SuperNOFA, funds
available under each funding
opportunity, and key deadline dates.
The contents of Appendix A will be
based upon the enacted appropriations.
Note that additional program NOFAs
may be published separately from the
FY2007 SuperNOFA.
III. Eligibility Information
A. Eligible Applicants
Full Text of Announcement
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The individual program NOFAs
describe the eligible applicants and
eligible activities for each program.
B. Cost Sharing or Matching
The individual program NOFAs
describe the applicable cost sharing,
matching requirements, or leveraging
requirements related to each program, if
any. Although matching or cost sharing
may not be required, HUD programs
often encourage applicants to leverage
grant funds with other funding in order
to receive higher rating points.
C. Other Requirements and Procedures
Applicable to All Programs
Except as may be modified in the
individual program NOFAs, the
requirements, procedures, and
principles listed below apply to all HUD
programs in FY2007 for which funding
is announced by NOFA and published
in the Federal Register. Please read the
individual program NOFAs for
additional requirements and
information.
1. Statutory and Regulatory
Requirements. To be eligible for funding
under HUD NOFAs issued during
FY2007, applicants must meet all
statutory and regulatory requirements
applicable to the program or programs
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for which they seek funding. Applicants
requiring program regulations may
obtain them from the NOFA Information
Center or through HUD’s Grants Web
site at https://www.hud.gov/offices/adm/
grants/fundsavail.cfm. See the
individual program NOFAs for
instructions on how HUD will respond
to proposed activities that are ineligible.
2. Threshold Requirements
a. Ineligible Applicants. HUD will not
consider an application from an
ineligible applicant.
b. Dun and Bradstreet Data Universal
Numbering System (DUNS) Number
Requirement. All applicants seeking
funding directly from HUD must obtain
a DUNS number and include the
number in its Application for Federal
Assistance submission. Failure to
provide a DUNS number will prevent
you from obtaining an award, regardless
of whether it is a new award or renewal
of an existing one. This policy is
pursuant to the Office of Management
and Budget (OMB) policy issued in the
Federal Register on June 27, 2003 (68
FR 38402). HUD published its
regulation implementing the DUNS
number requirement on November 9,
2004 (69 FR 65024). A copy of the OMB
Federal Register notice and HUD’s
regulation implementing the DUNS
number can be found on HUD’s Web
site at www.hud.gov/offices/adm/grants/
duns.cfm.
c. Compliance with Fair Housing and
Civil Rights Laws
(1) With the exception of federally
recognized Indian tribes and their
instrumentalities, applicants must
comply with all applicable fair housing
and civil rights requirements in 24 CFR
5.105(a). If you are a federally
recognized Indian tribe, you must
comply with the nondiscrimination
provisions enumerated at 24 CFR
1000.12, as applicable. In addition to
these requirements, there may be
program-specific threshold
requirements identified in the
individual program NOFAs.
(2) If you, the applicant:
(a) Have been charged with an
ongoing systemic violation of the Fair
Housing Act; or
(b) Are a defendant in a Fair Housing
Act lawsuit filed by the Department of
Justice alleging an ongoing pattern or
practice of discrimination; or
(c) Have received a letter of findings
identifying ongoing systemic
noncompliance under Title VI of the
Civil Rights Act of 1964, Section 504 of
the Rehabilitation Act of 1973, or
Section 109 of the Housing and
Community Development Act of 1974,
and the charge, lawsuit, or letter of
findings referenced in subparagraphs
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(a), (b), or (c) above has not been
resolved to HUD’s satisfaction before the
application deadline, then you are
ineligible and HUD will not rate and
rank your application. HUD will
determine if actions to resolve the
charge, lawsuit, or letter of findings
taken before the application deadline
are sufficient to resolve the matter.
Examples of actions that would
normally be considered sufficient to
resolve the matter include, but are not
limited to:
(i) A voluntary compliance agreement
signed by all parties in response to a
letter of findings;
(ii) A HUD-approved conciliation
agreement signed by all parties;
(iii) A consent order or consent
decree; or
(iv) An issuance of a judicial ruling or
a HUD Administrative Law Judge’s
decision.
d. Conducting Business in
Accordance with Core Values and
Ethical Standards/Code of Conduct.
Applicants subject to 24 CFR parts 84
and 85 (most nonprofit organizations
and state, local, and tribal governments
or government agencies or
instrumentalities that receive federal
awards of financial assistance) are
required to develop and maintain a
written code of conduct (see 24 CFR
84.42 and 85.36(b)(3)). Consistent with
regulations governing specific programs,
your code of conduct must prohibit real
and apparent conflicts of interest that
may arise among officers, employees, or
agents; prohibit the solicitation and
acceptance of gifts or gratuities by your
officers, employees, or agents for their
personal benefit in excess of minimal
value; and outline administrative and
disciplinary actions available to remedy
violations of such standards. Before
entering into an agreement with HUD,
an applicant awarded assistance under
a HUD program NOFA announced in
FY2007 will be required to submit a
copy of its code of conduct and describe
the methods it will use to ensure that all
officers, employees, and agents of its
organization are aware of its code of
conduct. An applicant is prohibited
from receiving an award of funds from
HUD if it fails to meet this requirement
for a code of conduct. An applicant who
submitted an application during FY2005
or FY2006 and included a copy of its
code of conduct will not be required to
submit another copy if the applicant is
listed on HUD’s Web site https://
www.hud.gov/offices/adm/grants/
codeofconduct/cconduct.cfm and if the
information has not been revised. An
applicant not listed on the above
website must submit a copy of its code
of conduct with their FY2007
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application for assistance. An applicant
must also include a copy of its code of
conduct if the information listed on the
above website has changed (e.g., the
person who submitted the previous
application is no longer your authorized
organization representative, the
organization has changed its legal name
or merged with another organization, or
the address of the organization has
changed, etc.). Any applicant that needs
to may submit its code of conduct to
HUD via facsimile using the form HUD–
96011, ‘‘Facsimile Transmittal’’ (‘‘Third
Party Documentation Facsimile
Transmittal’’ on Grants.gov) at the time
of application submission. When using
the facsimile transmittal form, please
type the requested information. Use the
HUD–96011 as the cover page to the
submission and include the following
header in the top line of the form under
‘‘Name of Document Being Requested:’’
‘‘Code of Conduct for (insert your
organization’s name, city, and state).’’
Fax the information to HUD’s toll-free
number at (800) HUD–1010. If you
cannot access an 800 number or have
problems, you may use (215) 825–8798
(this is not a toll-free number). HUD
updates its code of conduct website
annually before publishing the
SuperNOFA. Therefore, applicants that
submitted codes of conduct in FY2006
will find that their information has been
updated and is available online for the
FY2007 application submission time
frame.
e. Delinquent Federal Debts.
Consistent with the purpose and intent
of 31 U.S.C. 3720B and 28 U.S.C.
3201(e), HUD will not award federal
funds to an applicant that has an
outstanding delinquent federal debt
unless: (1) the delinquent account is
paid in full, (2) a negotiated repayment
schedule is established and the
repayment schedule is not delinquent,
or (3) other arrangements satisfactory to
HUD are made prior to the deadline
date.
f. Pre-Award Accounting System
Surveys. HUD may arrange for a preaward survey of the applicant’s
financial management system if the
recommended applicant has no prior
federal support, if HUD’s program
officials have reason to question
whether the applicant’s financial
management system meets federal
financial management standards, or if
the applicant is considered a high risk
based upon past performance or
financial management findings. HUD
will not disburse funds to any applicant
that does not have a financial
management system that meets federal
standards. (Please see 24 CFR part 84.21
if you are an institution of higher
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education, hospital, or other nonprofit
organization. See 24 CFR part 85.20 if
you are a state, local government, or
federally recognized Indian tribe).
g. Name Check Review. Applicants
are subject to a name check review
process. Name checks are intended to
reveal matters that significantly reflect
on the applicant’s management and
financial integrity, including if any key
individual has been convicted or is
presently facing criminal charges. If the
name check reveals significant adverse
findings that reflect on the business
integrity or responsibility of the
applicant or any key individual, HUD
reserves the right to: (1) Deny funding
or consider suspension or termination of
an award immediately for cause, (2)
require the removal of any key
individual from association with
management or implementation of the
award, and (3) make appropriate
provisions or revisions with respect to
the method of payment or financial
reporting requirements.
h. False Statements. A false statement
in an application is grounds for denial
or termination of an award and possible
punishment as provided in 18 U.S.C.
1001.
i. Prohibition Against Lobbying
Activities. Applicants are subject to the
provisions of Section 319 of Public Law
101–121 (approved October 23, 1989)
(31 U.S.C. 1352) (the Byrd Amendment),
which prohibits recipients of federal
contracts, grants, or loans from using
appropriated funds for lobbying the
executive or legislative branches of the
federal government in connection with
a specific contract, grant, or loan. In
addition, applicants must disclose,
using Standard Form LLL (SF–LLL),
‘‘Disclosure of Lobbying Activities,’’ any
funds, other than federally appropriated
funds, that will be or have been used to
influence federal employees, members
of Congress, or congressional staff
regarding specific grants or contracts.
Federally recognized Indian tribes and
tribally designated housing entities
(TDHEs) established by federally
recognized Indian tribes as a result of
the exercise of the tribe’s sovereign
power are excluded from coverage of the
Byrd Amendment, but state-recognized
Indian tribes and TDHEs established
only under state law must comply with
this requirement. Applicants must
submit the SF–LLL if they have used or
intend to use federal funds for lobbying
activities.
j. Debarment and Suspension. In
accordance with 24 CFR part 24, no
award of federal funds may be made to
applicants that are presently debarred or
suspended, or proposed to be debarred
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or suspended, from doing business with
the federal government.
3. Other Threshold Requirements. The
individual program NOFAs for which
you are applying may specify other
threshold requirements. Additional
threshold requirements may be
identified in the discussion of
‘‘eligibility’’ requirements in the
individual program NOFAs. If a
program NOFA requires a certification
of consistency with the Consolidated
Plan and the applicant fails to provide
a certification, and such failure is not
cured as a technical deficiency, HUD
will not fund the application. If HUD is
provided a signed certification
indicating consistency with the area’s
approved Consolidated Plan and HUD
finds that the activities are not
consistent with the Consolidated Plan,
HUD will not fund the inconsistent
activities or will deny funding the
application if a majority of the activities
are not consistent with the approved
Consolidated Plan. The determination
not to fund an activity or to deny
funding may be determined by a
number of factors, including the number
of activities being proposed, the impact
of the elimination of the activities on
the proposal, or the percent of the
budget allocated to the proposed
activities.
4. Additional Nondiscrimination and
Other Requirements. Applicants and
their subrecipients must comply with:
a. Civil Rights Laws, including the
Americans with Disabilities Act of 1990
(42 U.S.C. 1201 et seq.), the Age
Discrimination Act of 1974 (42 U.S.C.
6101 et seq.), and Title IX of the
Education Amendments Act of 1972 (20
U.S.C. 1681 et seq.).
b. Affirmatively Furthering Fair
Housing. Under Section 808(e)(5) of the
Fair Housing Act, HUD has a statutory
duty to affirmatively further fair
housing. HUD requires the same of its
funding recipients. If you are a
successful applicant, you will have a
duty to affirmatively further fair housing
opportunities for classes protected
under the Fair Housing Act. Protected
classes include race, color, national
origin, religion, sex, disability, and
familial status. Unless otherwise
instructed in the individual program
NOFA, your application must include
specific steps to:
(1) Overcome the effects of
impediments to fair housing choice that
were identified in the jurisdiction’s
Analysis of Impediments (AI) to Fair
Housing Choice;
(2) Remedy discrimination in
housing; and
(3) Promote fair housing rights and
fair housing choice.
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Further, you, the applicant, have a
duty to carry out the specific activities
provided in your responses to the
individual program NOFA rating factors
that address affirmatively furthering fair
housing. These requirements apply to
all HUD programs announced via a
NOFA, unless specifically excluded in
the individual program NOFA.
c. Economic Opportunities for Lowand Very Low-Income Persons (Section
3). Certain programs to be issued during
FY2007 require recipients of assistance
to comply with Section 3 of the Housing
and Urban Development Act of 1968
(Section 3), 12 U.S.C. 1701u (Economic
Opportunities for Low- and Very LowIncome Persons in Connection with
Assisted Projects), and the HUD
regulations at 24 CFR part 135,
including the reporting requirements at
subpart E. Section 3 requires recipients
to ensure, to the greatest extent feasible,
that training, employment, and other
economic opportunities will be directed
to low- and very-low income persons,
particularly those who are recipients of
government assistance for housing, and
to business concerns that provide
economic opportunities to low- and
very low-income persons in the area in
which the project is located. Review the
individual program NOFAs to
determine if Section 3 applies to the
program for which you are seeking
funding. Applicants required to comply
with Section 3 requirements must report
annually using form HUD–60002 or
HUD’s online system at https://
www.hud.gov/offices/fheo/system/
index.cfm. Copies of form HUD–60002
are available on HUDClips at https://
www.hudclips.org/sub_nonhud/html/
nph-brs.cgi?d=FRMS&s1=hud6$[no]&op1=AND&SECT1=TXTHLB&
SECT5=FRMS&u=./
forms.htm&p=1&r=3&f=G.
d. Ensuring the Participation of Small
Businesses, Small Disadvantaged
Businesses, and Women-Owned
Businesses. HUD is committed to
ensuring that small businesses, small
disadvantaged businesses, and womenowned businesses participate fully in
HUD’s direct contracting and in
contracting opportunities generated by
HUD financial assistance. Too often,
these businesses still experience
difficulty in accessing information and
in successfully bidding on federal
contracts. State, local, and tribal
governments are required by 24 CFR
85.36(e) and nonprofit recipients of
assistance (grantees and sub-grantees)
by 24 CFR 84.44(b) to take all necessary
affirmative steps in contracting for the
purchase of goods or services to assure
that minority firms, women’s business
enterprises, and labor surplus area firms
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are used whenever possible or as
specified in the individual program
NOFAs.
e. Real Property Acquisition and
Relocation. HUD-assisted programs or
projects are subject to the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as
amended (Uniform Act or URA) (42
U.S.C. 4601), and the government-wide
implementing regulations issued by the
U.S. Department of Transportation at 49
CFR part 24. The Uniform Act’s
protections and assistance apply to
acquisitions of real property and
displacements resulting from the
acquisition, rehabilitation, or
demolition of real property for federal or
federally assisted programs or projects.
With certain limited exceptions, real
property acquisitions for a HUD-assisted
program or project must comply with 49
CFR part 24, subpart B. Real property
acquisitions conducted without the
threat or use of eminent domain,
commonly referred to as ‘‘voluntary
acquisitions,’’ must satisfy the
applicable requirements of 49 CFR
24.101(b)(1) through (5) to be exempt
from the URA’s acquisition policies.
Evidence of compliance with these
requirements must be maintained by the
recipient. The URA’s relocation
requirements remain applicable to any
tenant(s) who are displaced by an
acquisition and who meet the
requirements of 49 CFR 24.101(b)(1)
through (5).
The relocation requirements of the
Uniform Act, and its implementing
regulations at 49 CFR part 24, cover any
person who moves permanently from
real property or moves personal
property from real property as a direct
result of acquisition, rehabilitation, or
demolition for a program or project
receiving HUD assistance. While there
are no statutory provisions for
‘‘temporary relocation’’ under the URA,
the URA regulations recognize that there
are circumstances where a person will
not be permanently displaced but may
need to be moved from a project for a
short period of time. Appendix A of the
URA regulation (49 CFR
24.2(a)(9)(ii)(D)) explains that any
tenant who has been temporarily
relocated for a period beyond one year
must be contacted by the displacing
agency and offered URA relocation
assistance. Some HUD program
regulations provide additional
protections for temporarily relocated
tenants. For example, 24 CFR
583.310(f)(1) provides guidance on
temporary relocation for the Supportive
Housing program for the homeless.
Before planning their project, applicants
should review the regulations for the
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programs for which they are applying.
The URA does not apply to
displacements resulting from the
demolition or disposition of public
housing covered by Section 18 of the
United States Housing Act of 1937.
Additional information and resources
pertaining to real property acquisition
and relocation for HUD-funded
programs and projects are available on
HUD’s Real Estate Acquisition and
Relocation Web site at https://
www.hud.gov/relocation. You will find
applicable laws and regulations, policy
and guidance, publications, training
resources, and a listing of HUD contacts
if you have questions or need assistance.
f. Executive Order 13166, ‘‘Improving
Access to Services for Persons with
Limited English Proficiency (LEP).’’
Executive Order 13166 seeks to improve
access to federally assisted services,
programs, and benefits for individuals
with limited English proficiency.
Applicants obtaining an award from
HUD must seek to provide access to
program benefits and information to
LEP individuals through translation and
interpretive services in accordance with
LEP guidance published on December
19, 2003 (68 FR 70968). HUD expects
final guidance to be published in
January 2007. For assistance and
information regarding your LEP
obligation, go to https://www.lep.gov.
g. Executive Order 13279, ‘‘Equal
Protection of the Laws for Faith-Based
and Community Organizations.’’ HUD is
committed to full implementation of
Executive Order 13279. The Executive
Order established fundamental
principles and policymaking criteria to
guide federal agencies in formulating
and developing policies that have
implications for faith-based and
community organizations to ensure the
equal protection for these organizations
in social service programs receiving
federal financial assistance. Consistent
with this order, HUD has undertaken a
review of all policies and regulations
that have implications for faith-based
and community organizations and has
established a policy priority to provide
full and equal access to grassroots faithbased and other community
organizations in HUD program
implementation. HUD revised its
program regulations in 2003 and 2004 to
remove the barriers by participation of
faith-based organizations in HUD
funding programs (68 FR 56396,
September 30, 2003; 69 FR 41712, July
9, 2004; and 69 FR 62164, October 22,
2004). Copies of the regulatory changes
can be found at https://www.hud.gov/
offices/adm/grants/fundsavail.cfm.
h. Accessible Technology. Section 508
of the Rehabilitation Act (Section 508)
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requires HUD and other federal
departments and agencies to ensure,
when developing, procuring,
maintaining, or using electronic and
information technology (EIT), that the
EIT allow, regardless of the type of
medium of technology, persons with
disabilities to access and use
information and data on a comparable
basis as is made available to and used
by persons without disabilities. Section
508’s coverage includes, but is not
limited to, computers (hardware,
software, word processing, email, and
Internet sites), facsimile machines,
copiers, and telephones. Among other
things, Section 508 requires that unless
an undue burden would result to the
federal department or agency, EIT must
allow individuals with disabilities who
are federal employees or members of the
public seeking information or services
to have access to and use information
and data on a comparable basis as that
made available to employees and
members of the public who are not
disabled. Where an undue burden exists
to the federal department or agency,
alternative means may be used to allow
a disabled individual use of the
information and data. Section 508 does
not require that information services be
provided at any location other than a
location at which the information
services are generally provided. HUD
encourages its funding recipients to
adopt the goals and objectives of Section
508 by ensuring, whenever EIT is used,
procured, or developed, that persons
with disabilities have access to and use
of the information and data made
available through the EIT on a
comparable basis as is made available to
and used by persons without
disabilities. This does not affect
recipients’ required compliance with
Section 504 of the Rehabilitation Act
and, where applicable, the Americans
with Disabilities Act.
i. Procurement of Recovered
Materials. State agencies and agencies of
a political subdivision of a state that are
using assistance under a HUD program
NOFA for procurement, and any person
contracting with such an agency with
respect to work performed under an
assisted contract, must comply with the
requirements of Section 6002 of the
Solid Waste Disposal Act, as amended
by the Resource Conservation and
Recovery Act.
In accordance with Section 6002,
these agencies and persons must
procure items designated in guidelines
of the Environmental Protection Agency
(EPA) at 40 CFR part 247 that contain
the highest percentage of recovered
materials practicable, consistent with
maintaining a satisfactory level of
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competition, where the purchase price
of the item exceeds $10,000 or the value
of the quantity acquired in the
preceding fiscal year exceeded $10,000;
must procure solid waste management
services in a manner that maximizes
energy and resource recovery; and must
have established an affirmative
procurement program for procurement
of recovered materials identified in the
EPA guidelines.
j. Participation in HUD-Sponsored
Program Evaluation. As a condition of
the receipt of financial assistance under
a HUD program NOFA, all successful
applicants will be required to cooperate
with all HUD staff or contractors who
perform HUD-funded research or
evaluation studies.
k. Executive Order 13202,
‘‘Preservation of Open Competition and
Government Neutrality Towards
Government Contractors’’ Labor
Relations on Federal and Federally
Funded Construction Projects.’’
Compliance with HUD regulations at 24
CFR 5.108 that implement Executive
Order 13202 is a condition of receipt of
assistance under a HUD program NOFA.
l. Salary Limitation for Consultants.
Unless specifically authorized by law,
FY2007 funds may not be used to pay
or to provide reimbursement for
payment of the salary of a consultant,
whether retained by the federal
government or the grantee, at a rate
more than the equivalent of the high pay
for members of the Senior Executive
Service (SES). For information on
Executive Pay Band levels, please see
the Office of Personnel Management
(OPM) Web site at https://www.opm.gov/
oca/06tables/html/es.asp.
m. OMB Circulars and Governmentwide Regulations Applicable to
Financial Assistance Programs. Certain
OMB Circulars also apply to HUD
programs in the SuperNOFA. The
policies, guidance, and requirements of
OMB Circulars A–87 (Cost Principles
Applicable to Grants, Contracts and
Other Agreements with State and Local
Governments), A–21 (Cost Principles for
Education Institutions), A–122 (Cost
Principles for Nonprofit Organizations),
A–133 (Audits of States, Local
Governments, and Non-Profit
Organizations), and the regulations at 24
CFR part 84 (Grants and Agreements
with Institutions of Higher Education,
Hospitals, and other Non-Profit
Organizations), and 24 CFR part 85
(Administrative Requirements for
Grants and Cooperative Agreements to
State, Local, and Federally Recognized
Indian Tribal Governments), may apply
to the award, acceptance, and use of
assistance under the individual program
NOFAs of the SuperNOFA, and to the
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remedies for noncompliance, except
when inconsistent with the provisions
of HUD’s appropriations act for FY2007,
other federal statutes or regulations, or
the provisions of this notice.
Compliance with additional OMB
circulars or government-wide
regulations may be specified for a
particular program in the Program
Section of the SuperNOFA. Copies of
the OMB circulars may be obtained from
Executive Office of the President
Publications, New Executive Office
Building, Room 2200, Washington, DC
20503; telephone (202) 395–3080 (this is
not a toll-free number) or (800) 877–
8339 (toll-free TTY Federal Information
Relay Service); or from the following
Web site: https://www.whitehouse.gov/
omb/circulars/.
n. Environmental Requirements. If
you become a recipient under a HUD
program that assists in physical
development activities or property
acquisition, you are generally prohibited
from acquiring, rehabilitating,
converting, demolishing, leasing,
repairing, or constructing property, or
committing or expending HUD or nonHUD funds for these types of program
activities, until one of the following has
occurred:
(1) HUD has completed an
environmental review in accordance
with 24 CFR part 50; or
(2) For programs subject to 24 CFR
part 58, HUD has approved a recipient’s
Request for Release of Funds (form
HUD–7015.15) following a Responsible
Entity’s completion of an environmental
review.
You, the applicant, should consult the
individual program NOFA for any
program for which you are interested in
applying to determine the procedures
for, timing of, and any modifications or
exclusions from environmental review
under a particular program. For
applicants applying for funding under
the Section 202 Supportive Housing for
the Elderly program or Section 811
Supportive Housing for Persons with
Disabilities program, please note the
environmental review requirements for
these programs.
o. Conflicts of Interest. If you are a
consultant or expert who is assisting
HUD in rating and ranking applicants
for funding under the SuperNOFA or
future NOFAs published in FY2007, you
are subject to 18 U.S.C. 208, the federal
criminal conflict-of-interest statute, and
the Standards of Ethical Conduct for
Employees of the Executive Branch
regulation published at 5 CFR part 2635.
As a result, if you have assisted or plan
to assist applicants with preparing
applications for programs in the
SuperNOFA or NOFAs published in
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FY2007, you may not serve on a
selection panel and you may not serve
as a technical advisor to HUD. Persons
involved in rating and ranking HUD
FY2007 NOFAs, including experts and
consultants, must avoid conflicts of
interest or the appearance of such
conflicts. Persons involved in rating and
ranking applications must disclose to
HUD’s General Counsel or HUD’s Ethics
Law Division the following information,
if applicable: how the selection or nonselection of any applicant under the
FY2007 SuperNOFA will affect the
individual’s financial interests, as
provided in 18 U.S.C. 208, or how the
application process involves a party
with whom the individual has a covered
relationship under 5 CFR 2635.502. The
person must disclose this information
before participating in any matter
regarding a FY2007 NOFA. If you have
questions regarding these provisions or
concerning a conflict of interest, you
may call the Office of General Counsel,
Ethics Law Division, at (202) 708–3815
(this is not a toll-free number).
p. Drug-Free Workplace. Applicants
awarded funds from HUD are required
to provide a drug-free workplace.
Compliance with this requirement
means that the applicant will:
(1) Publish a statement notifying
employees that it is unlawful to
manufacture, distribute, dispense,
possess, or use a controlled substance in
the applicant’s workplace and that such
activities are prohibited. The statement
must specify the actions that will be
taken against employees for violation of
this prohibition. The statement must
also notify employees that, as a
condition of employment under the
federal award, they are required to abide
by the terms of the statement and that
each employee must agree to notify the
employer in writing of any violation of
a criminal drug statute occurring in the
workplace no later than 5 calendar days
after such violation;
(2) Establish an ongoing drug-free
awareness program to inform employees
about:
(a) The dangers of drug abuse in the
workplace;
(b) The applicant’s policy of
maintaining a drug-free workplace;
(c) Any available drug counseling,
rehabilitation, or employee maintenance
programs; and
(d) The penalties that may be imposed
upon employees for drug abuse
violations occurring in the workplace;
(3) Notify the federal agency in
writing within 10 calendar days after
receiving notice from an employee of a
drug abuse conviction or otherwise
receiving actual notice of a drug abuse
conviction. The notification must be
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provided in writing to HUD’s Office of
Departmental Grants Management and
Oversight, Department of Housing and
Urban Development, 451 Seventh Street,
SW., Room 3156, Washington, DC
20410–3000, along with the following
information:
(a) The program title and award
number for each HUD award covered;
(b) The HUD staff contact name,
phone, and fax numbers;
(c) A grantee contact name, phone,
and fax numbers; and
(4) Require that each employee
engaged in the performance of the
federally funded award be given a copy
of the drug-free workplace statement
required in item (1) above and notify the
employee that one of the following
actions will be taken against the
employee within 30 calendar days of
receiving notice of any drug abuse
conviction:
(a) Institution of a personnel action
against the employee, up to and
including termination consistent with
requirements of the Rehabilitation Act
of 1973, as amended; or
(b) Imposition of a requirement that
the employee participate satisfactorily
in a drug abuse assistance or
rehabilitation program approved for
such purposes by a federal, state, or
local health, law enforcement, or other
appropriate agency.
q. Safeguarding Resident/Client Files.
In maintaining resident and client files,
HUD funding recipients shall observe
state and local laws concerning the
disclosure of records that pertain to
individuals. Further, recipients are
required to adopt and take reasonable
measures to ensure that resident and
client files are safeguarded.
r. Compliance with the Federal
Funding Accountability and
Transparency Act of 2006 (Public Law
109–282). Applicants receiving an
award from HUD should be aware of the
requirements of the Federal Funding
Accountability and Transparency Act of
2006, which calls for the establishment
of a central website that makes available
to the public full disclosure of all
entities receiving federal funds. The
only exemptions to this law are federal
transactions below $25,000 and credit
card transactions prior to October 1,
2006. Grantees should be aware that the
law requires the information provided
on the federal website to include the
following elements related to all
subaward transactions, except as noted
above:
(1) The name of the entity receiving
the award;
(2) The amount of the award;
(3) Information on the award
including the transaction type, funding
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agency, the North American Industry
Classification System code or Catalog of
Federal Domestic Assistance number
(where applicable), program source, and
an award title descriptive of the purpose
of each funding action;
(4) The location of the entity receiving
the award and primary location of
performance under the award, including
the city, state, congressional district,
and country;
(5) A unique identifier of the entity
receiving award and of the parent entity
of the recipient, should the entity be
owned by another entity; and
(6) Any other relevant information
specified by OMB.
Additional information regarding
these requirements will be provided
when available.
IV. Application and Submission
Information
A. Addresses to Request Application
Package
This section describes how applicants
may obtain application forms and
request technical assistance.
1. Copies of the published NOFAs and
application forms for HUD programs
made available at Grants.gov can be
found at https://apply.grants.gov/
forms_apps_idx.html.
2. Technical Assistance and
Resources for Electronic Grant
Applications.
a. Grants.gov Customer Support.
Applicants having difficulty accessing
the application and instructions or
having technical problems can receive
customer support from Grants.gov by
calling (800) 518–GRANTS (this is a
toll-free number) or by sending an email to support@grants.gov. The
customer support center is open from 7
a.m. to 9 p.m. eastern time, Monday
through Friday, except federal holidays.
The customer service representatives
will assist applicants in accessing the
information and addressing technology
issues.
b. Desktop Users Guide for Submitting
Electronic Grant Applications. HUD has
published on its Web site a detailed
Desktop Users Guide that walks
applicants through the electronic
process, beginning with finding a
funding opportunity, completing the
registration process, and downloading
and submitting the electronic
application. The guide includes helpful
step-by-step instructions, screen shots,
and error-proof tips to assist applicants
in becoming familiar with submitting
applications electronically. The guide is
available online at https://www.hud.gov/
offices/adm/grants/deskuserguide.pdf.
c. HUD’s Registration Brochure. HUD
has a registration brochure that provides
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detailed information on the registration
process. See https://www.hud.gov/
offices/adm/grants/regbrochure.pdf.
d. HUD’s Finding and Applying for
Grant Opportunities Brochure. HUD
also has a brochure that will guide you
through the process of finding and
applying for grants. See HUD’s Finding
and Applying for Grant Opportunities
brochure at https://www.hud.gov/offices/
adm/grants/findapplybrochure.pdf.
e. HUD’s NOFA Information Center.
Applicants that do not have Internet
access and need to obtain a copy of a
NOFA can contact HUD’s NOFA
Information Center toll-free at (800)
HUD–8929. Persons with hearing or
speech impairments may access this
number via TTY by calling the Federal
Information Relay Service at (800) 877–
8339. The NOFA Information Center is
open between the hours of 10 a.m. and
6:30 p.m. eastern time, Monday through
Friday, except federal holidays.
f. HUD Staff. HUD staff will be
available to provide you with general
guidance and technical assistance about
this notice or about individual program
NOFAs. However, HUD staff is not
permitted to help prepare your
application. Following selection of
applicants, but before announcement of
awards are made, HUD staff is available
to assist in clarifying or confirming
information that is a prerequisite to the
offer of an award or annual
contributions contract (ACC) by HUD. If
you have program-related questions,
follow the instructions in Section VII of
the Program Section entitled ‘‘Agency
Contact(s)’’ in the program NOFA under
which you are applying.
g. Connecting with Communities: A
User’s Guide to HUD Programs and the
FY2007 NOFA Process Guidebook. A
guidebook to HUD programs will be
available from the HUD NOFA
Information Center and at the HUD’s
Funds Available Web site at https://
www.hud.gov/offices/adm/grants/
fundsavail.cfm after the publication of
the SuperNOFA. The guidebook
provides a brief description of all HUD
programs that have funding available in
FY2007, identifies eligible applicants
for the programs, and provides
examples of how programs can work in
combination to serve local community
needs.
h. SuperNOFA Webcasts. HUD
provides technical assistance and
training on its programs announced
through NOFAs. The NOFA broadcasts
are interactive and allow potential
applicants to obtain a better
understanding of the threshold,
program, and application submission
requirements for funding. Participation
in this training opportunity is free of
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charge and can be accessed via HUD’s
Web site at www.hud.gov/offices/adm/
grants/fundsavail.cfm. The SuperNOFA
Webcast schedule can be found via
HUD’s Web site at https://www.hud.gov/
webcasts/index.cfm.
B. Content and Form of Application
Submission
1. Instructions on How to Register for
Electronic Application Submission.
Applicants must submit their
applications electronically through
Grants.gov. Before you can do so, you
must complete several important steps
to register as a submitter. The
registration process can take
approximately 2 to 4 weeks to complete.
Therefore, registration should be done
in sufficient time before you submit
your application. This section provides
information on how to register with
Grants.gov. There are five sequential
registration steps required for an
applicant to complete:
a. Step one is to obtain a Dun and
Bradstreet Data Universal Numbering
System (DUNS) number for your
organization. All applicants seeking
funding directly from HUD must obtain
a DUNS number and include the
number on the form SF–424,
Application for Federal Financial
Assistance, which is part of the
application submission. Failure to
provide a DUNS number will prevent
you from obtaining an award, regardless
of whether it is a new award or renewal
of an existing one. This policy is
pursuant to the OMB policy issued in
the Federal Register on June 27, 2003
(68 FR 38402). HUD published its
regulation implementing the DUNS
number requirement on November 9,
2004 (69 FR 65024). A copy of the OMB
Federal Register notice and HUD’s
regulation implementing the DUNS
number can be found on HUD’s Web
site at https://www.hud.gov/offices/adm/
grants/duns.cfm. Applicants cannot
submit applications electronically
without a DUNS number entry.
Applicants should also be aware that
the applicant information entered and
used to obtain the DUNS number will be
used to pre-populate the Central
Contractor Registration (CCR), which is
required as part of the registration
process. Applicants should carefully
enter and review their information
when obtaining a DUNS number.
When completing the application,
applicants will be asked to provide their
DUNS number on the SF–424.
Applicants must carefully enter the
DUNS number on the application
package, making sure it is identical to
the DUNS number under which the
Authorized Organization Representative
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is registered to submit an application. If
the DUNS number entered on the
application package does not match the
registration, the application will be
rejected. For details about the error
messages received when submitting
with the wrong DUNS number, please
see HUD’s Desktop Users Guide for
Submitting Electronic Grant
Applications at https://www.hud.gov/
offices/adm/grants/deskuserguide.pdf.
Applicants can obtain a DUNS number
by calling (866) 705–5711 (this is a tollfree number). The approximate time to
get a DUNS number is 10 to 15 minutes,
and there is no charge. You should wait
approximately 24 to 48 hours to register
with the CCR so that your DUNS
number can become active in Dun and
Bradstreet’s (D&B) records.
b. Step two is to register with the CCR.
Grant applicants must register with
CCR to begin the electronic application
submission process. The CCR is the
primary vendor database for the federal
government. In addition, your CCR
registration must be renewed/updated
annually. Failure to update/renew your
CCR registration will cause your
Grants.gov registration to be invalid and
you will not be able to submit an
application for funding. Registration can
take several weeks, so HUD urges any
applicant that has not completed or
updated its registration to do so
immediately because the changes to the
CCR registration processing noted below
may prohibit you from attempting to
make these changes in the last few days
prior to the deadline date. Applicants
can register with the CCR at https://
www.ccr.gov/. The CCR registration
process consists of completing a Trading
Partner Profile (TPP), which contains
general, corporate, and financial
information about your organization.
While completing the TPP, you will
need to identify an E-Business Point of
Contact (E-Business POC), who will be
responsible for maintaining the
information in the TPP and giving
authorization to individuals to serve as
Authorized Organization
Representatives (AORs). The AOR will
submit applications through Grants.gov
for your organization.
(1) CCR Use of D&B Information. At
the end of July 2006, a policy change to
the CCR name and address information
was implemented. Under this new
policy, instead of obtaining name and
address information directly from the
registrant, CCR will obtain the following
data fields from D&B: Legal Business
Name, Doing Business As Name (DBA),
Physical Address, and Postal Code/
Zip+4. Registrants will not be able to
enter/modify these fields in CCR; they
will be pre-populated using D&B Data
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Universal Numbering System (DUNS)
record data. During new registration or
when updating a record, the registrant
has a choice to accept or reject the
information provided from D&B. Under
the revised system, if the CCR registrant
agrees with the D&B-supplied
information, the D&B data will be
accepted into the CCR registrant record.
If the registrant disagrees with the D&Bsupplied information, the registrant will
need to go to the D&B Web site https://
fedgov.dnb.com/webform to modify the
information currently contained in
D&B’s records before proceeding with
its CCR registration. Once D&B confirms
modifications, the registrant must revisit
the CCR Web site and ‘‘accept’’ D&B’s
changes. Only at this point will the D&B
data be accepted into the CCR record.
This process can take up to 2 business
days for D&B to send modified data to
CCR, and that time frame may be longer
if data is sent from abroad.
(2) CCR EIN/TIN Validation. On
October 30, 2005, CCR began validating
the Employer Identification Number
(EIN)/Taxpayer Identification Number
(TIN) and the Employer/Taxpayer Name
of each new and updating CCR
registrant with the IRS. The EIN/TIN
matching process is a joint effort
between the General Services
Administration, Department of Defense,
and IRS to improve the quality of data
in government acquisition systems. A
notice has gone out to CCR registrants
informing them of the IRS validation in
CCR registration. In order to complete
your CCR registration and qualify as a
vendor eligible to bid for federal
government contracts or apply for
federal grants, the EIN/TIN and
Employer/Taxpayer Name combination
you provide in the IRS Consent Form
must match exactly to the EIN/TIN and
Employer/Taxpayer Name used in
federal tax matters. It will take at least
one to two business days to validate
new and updated records prior to
becoming active in CCR. Therefore,
please be sure that the data items
provided to D&B match information that
you have provided to the IRS.
Otherwise, when the validation check
with IRS is done, the registrations in
D&B and the CCR will not match the IRS
information and an error message will
result. This will prevent the registration
from being completed until the
discrepancies have been resolved.
Applicants should allow sufficient time
to review their D&B and CCR
information. If you have questions about
your EIN or TIN, call (800) 829–4933.
c. Step three requires that the
designated Authorized Organization
Representative (AOR) from the
organization register with the Credential
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Provider. In order to safeguard the
security of your electronic information,
Grants.gov utilizes a Credential Provider
to determine with certainty that
someone is really who he or she claims
to be. Your organization will need to be
registered with the CCR and you will
need to have your organization’s DUNS
number available to complete this
process. An assigned AOR must register
with the Credential Provider to create
and receive a username and password,
which are needed to submit an
application package through Grants.gov.
Applicants can register with the
Credential Provider at https://
apply.grants.gov/OrcRegister.
Beginning August 30, 2007,
organizations will have three federally
approved credential providers from
which to choose their authentication
services—the Agriculture Department;
OPM’s Employee Express; and, the
current provider, Operational Research
Consultants, Inc. (ORC). Users who
already hold a Grants.gov user name
and password through ORC will not
experience much change. New users
will be able to choose from the
credential providers on the list.
d. Step four requires the AOR to
register with Grants.gov in order to
submit an electronic grant application.
To submit an application to HUD, an
AOR must be able to make a legally
binding commitment on behalf of the
applicant. The AOR can register with
Grants.gov and submit an application on
the same day. Applicants can register
with Grants.gov at https://
apply.grants.gov/GrantsgovRegister.
e. Step five requires the E-Business
point of contact (POC) to approve the
designated AORs. The E-Business POC
can designate the AOR to submit
applications on behalf of the
organization at https://apply.grants.gov/
agency/AorMgrGetID.
2. Instructions on How to Download
an Application Package and
Application Instructions
a. The Application Package and
Application Instructions. The general
process for downloading, completing,
submitting, and tracking grant
application packages is described at
https://www.grants.gov/applicants/
apply_for_grants.jsp. To download the
application and instructions, go to
https://apply.grants.gov/forms_
apps_idx.html and enter the CFDA
Number, Funding Opportunity Number,
or Funding Opportunity Competition ID
for the application that you are
interested in. If you enter more than one
criterion, you will not find the
instructions. You will then come to a
page where you will find the funding
opportunity Download Application &
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Instructions links. The first thing you
should do is download the Instructions
by clicking on the Download
Instructions link. The Instructions
contain the General and Program
Sections for the funding opportunity, as
well as forms that are not part of the
application download but are included
as elements of a complete package as
specified in the published NOFA. The
second thing you should do is
download the application by clicking on
the Download Application link. Both
the Instructions and Application can be
saved to your desktop. You do not need
to be registered to download and read
the instructions or complete the
application; however, once you have
downloaded the application and intend
to submit an application, you must save
it on your computer.
Each program NOFA also includes a
checklist. Please review the checklist in
the Program Section to ensure that your
application contains all the required
materials.
b. Electronic Grant Application
Forms.
(1) Forms contained in the
Instructions download are available in
Microsoft Word (.doc) (version 9),
Microsoft Excel 2000 (.xls), or Adobe
(.pdf) formats. The pdf files are only
fillable forms—not savable, unless you
have Adobe Professional software
version 6.0 or higher.
(2) The Application download will
also contain a cover page entitled
‘‘Grant Application Package.’’ The cover
page provides information regarding the
application package you have chosen to
download, i.e., Opportunity Title,
Agency Name, CFDA Number, etc.
Review this information to ensure that
you have selected the correct
application. The Grant Application
cover page separates the required forms
into two categories: ‘‘Mandatory
Documents’’ and ‘‘Optional
Documents.’’ Please note that regardless
of the box in which the forms are listed,
the published Federal Register
document is the official document HUD
uses to solicit applications. Therefore,
applicants should follow the
instructions provided in the General
Section and Program Sections of the
Instructions download. The individual
NOFA sections will also identify the
forms that may be applicable and that
need to be submitted with the
application.
(3) Because you will be adding
additional attachment files to the
downloaded application, applicants
should save the application to their hard
drive. Do not download the application
or attempt to upload the application
using a ‘‘thumb’’ or ‘‘jump drive,’’ as
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Grants.gov has found that applicants
have problems uploading from a jump
drive. Be sure to read and follow the
application submission requirements
published in each individual NOFA for
which you are submitting an
application. Each program NOFA will
identify all the required forms for
submission.
(4) HUD’s standard forms are
identified below:
(a) Application for Federal Financial
Assistance (SF–424);
(b) Faith-Based EEO Survey (SF–424
Supplement, Survey on Ensuring Equal
Opportunities for Applicants), if
applicable;
(c) HUD Detailed Budget (HUD–424–
CB, Grant Application Detailed Budget);
(d) Grant Application Detailed Budget
Worksheet (HUD–424–CBW);
(e) Disclosure of Lobbying Activities
(SF–LLL), if applicable;
(f) HUD Applicant Recipient
Disclosure Report (HUD–2880,
Applicant/Recipient Disclosure/Update
Report);
(g) Certification of Consistency with
RC/EZ/EC–II Strategic Plan (HUD–
2990), if applicable;
(h) Certification of Consistency with
the Consolidated Plan (HUD–2991), if
applicable;
(i) Acknowledgment of Application
Receipt (HUD–2993);
(j) You Are Our Client Grant
Applicant Survey (HUD 2994–A)
(Optional);
(k) Program Outcome Logic Model
(HUD–96010);
(l) HUD Race Ethnic Form (HUD–
27061), if applicable;
(m) HUD Communities Initiative
(HUD–27300, Questionnaire for HUD’s
Removal of Regulatory Barriers), if
applicable; and
(n) HUD Facsimile Transmittal (HUD–
96011, Third Party Documentation
Facsimile Transmittal).
All HUD ‘‘program specific’’ forms
not available at the Application
download will be available in the
Instructions download in Microsoft
Word .doc (version 9), Microsoft Excel
2000 (.xls), or Adobe (.pdf) format
compatible with Adobe Reader 6.0 or
later. The pdf forms are form fillable but
not savable unless you have Adobe
Professional 6.0 or higher. Applicants
may use the HUD–96011, ‘‘Third Party
Documentation Facsimile Transmittal’’
(‘‘HUD Facsimile Transmittal’’ on
Grants.gov) form and fax to HUD any
forms they have completed but cannot
save.
Copies of the Continuum of Care
application forms will be on HUD’s
website at https://www.hud.gov/offices/
adm/grants/fundsavail.cfm until such
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time as HUD places an application on
www.Grants.gov/Apply. Once an
application is placed on Grants.gov/
Apply, applicants should follow the
website instructions for obtaining an
application from Grants.gov.
3. Instructions on How to Complete
the Selected Grant Application Package
a. Mandatory Fields on Application
Download Forms. Forms in the
Application download contain fields
with a yellow background. These data
fields are mandatory and must be
completed. Failure to complete the
fields will result in an error message
when checking the package for errors.
b. Completion of SF–424 Fields First.
The forms in the application package
are designed to automatically populate
common data such as the applicant
name and address, DUNS number, etc.
In order to trigger this function, the SF–
424 must be completed first. Once
applicants complete the SF–424, the
entered information will transfer to the
other forms.
c. Submission of Narrative
Statements, Third Party Letters,
Certifications, and Program-Specific
Forms. In addition to program-specific
forms, many of the NOFAs require the
submission of other documentation,
such as third-party letters, certifications,
or program narrative statements. This
section discusses how you should
submit this additional information
electronically as part of your
application:
(1) Narrative Statements to the
Factors for Award. If you are required to
submit narrative statements, you must
submit them as an electronic file in
Microsoft Word (version 9 or earlier),
Microsoft Excel (.xls) 2000 (or earlier) or
in Adobe (.pdf) format that is
compatible with Adobe Reader 6.0 or
earlier. If HUD receives a file in a format
other than those specified, HUD will not
be able to read the file, and it will not
be reviewed. Each response to a Factor
for Award should be clearly identified
and can be incorporated into a single
attachment or all attachments can be
zipped together into a single attached
ZIP file. Program NOFAs may require
files to be submitted separately or as a
single ZIP file, so please carefully
review the individual NOFAs when
they are published. Documents that
applicants possess in electronic format,
e.g., narratives they have written, or
graphic images (such as computer aided
design (CAD) files from an architect)
must be saved in PDF format compatible
with Adobe Reader 6.0 or an earlier
version and attached using the
‘‘Attachments’’ form included in the
application package downloaded from
Grants.gov. In addition, some NOFAs
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may request photographs. If this is the
case, then the photos should be saved in
.jpg or jpeg format and attached using
the attachments form. When creating
attachments to your application, please
follow these rules:
(a) DO NOT attach a copy of the
electronic application with your
attachments as an attachments file. HUD
cannot open such files when they are
attached as attachments.
(b) Check the attachment file and
make sure it has a file extension of .doc,
.pdf, .xls, .jpg, or .jpeg.
(c) Make sure that file extensions are
not in upper case. File extensions must
be lower case for the file to be opened.
(d) DO NOT use special characters
(i.e., #, %, /, etc.) in a file name.
(e) DO NOT include spaces in the file
name.
(f) Limit file names to not more than
50 characters.
(2) ZIP Files. In order to reduce the
size of attachments, applicants can
compress several files using a ZIP
utility. Applicants can then attach the
zipped file as described above. HUD’s
standard zip utility is WinZip. Files
compressed with the WinZip utility
must use either the ‘‘Normal’’ option or
‘‘Maximum (portable)’’ option available
to ensure that HUD is able to open the
file. Files received using compression
methods other than ‘‘Normal’’ or
‘‘Maximum (portable)’’ cannot be
opened and will not be reviewed.
Applicants should be aware that if HUD
receives files compressed using another
utility, or not in accord with these
directions, it cannot open the files and,
therefore, such files will not be
reviewed.
(3) Third-Party Letters, Certifications
Requiring Signatures, and Other
Documentation. Applicants required to
submit third-party documentation (e.g.,
establishing matching or leveraged
funds, documentation of 501(c)(3) status
or incorporation papers, documents that
support the need for the program,
memoranda of understanding (MOUs),
or program-required documentation that
supports your organization’s claims
regarding work that has been done to
remove regulatory barriers to affordable
housing) can choose from the following
two options as a way to provide HUD
with the documentation:
(a) Scanning Documents to Create
Electronic Files. Scanning documents
increases the size of files. If your
computer has the capacity to upload
scanned documents, submit your
documents with the application by
using the Attachment Form in the
Mandatory or Optional Forms section of
the application. If your computer does
not have the memory to upload scanned
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documents, you should submit them via
fax as described below. Electronic files
must be labeled so that the recipient at
HUD will know what the file contains.
Program NOFAs will indicate any
naming conventions that applicants
must use when submitting files using
the attachment form.
(b) Faxing Required Documentation.
Applicants may fax the required
documentation as program-specific
forms to HUD. Applicants should only
use this method when documents
cannot be attached to the electronic
application package as a .pdf, .doc, .xls,
.jpeg, or .jpg, or when the size of the
submission is too large to upload from
the applicant’s computer. HUD will not
accept entire applications by fax and
will disqualify applications submitted
entirely in that manner.
(i) Fax Form HUD–96011, ‘‘Third
Party Documentation Facsimile
Transmittal’’ (‘‘HUD Facsimile
Transmittal’’ on Grants.gov). Facsimiles
submitted in response to a NOFA must
use the form HUD–96011. The facsimile
transmittal form, found in the
downloaded application, contains a
unique identifier that allows HUD to
match an applicant’s submitted
application via Grants.gov with faxes
coming from a variety of sources. Each
time the application package is
downloaded, the forms in the package
are given a unique ID number. To
ensure that all the forms in your
package contain the same unique ID
number, after downloading your
application, complete the SF–424, save
the forms to your hard drive, and use
the saved forms to create your
application. When you have
downloaded your application package
from Grants.gov, be sure to first
complete the SF–424, and then provide
copies of the form HUD–96011 to third
parties that will submit information in
support of your application. Do not
download the same application package
from Grants.gov more than once because
if your application submission does not
match the unique identifier on the
facsimile transmittal form, HUD will not
be able to match the faxes received to
your application submission. Faxes that
cannot be matched to an application
will not be considered in the review
process.
If you have to provide a copy of the
form HUD–96011 to another party that
will be responsible for faxing an item as
part of your application, make a copy of
the facsimile transmittal cover page
from your downloaded application and
provide that copy to the third party for
use with the fax transmission. Please
instruct third parties to use the form
HUD–96011 that you have provided as
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a cover page when they submit
information supporting your application
using the facsimile method, because it
contains the embedded ID number that
is unique to your application
submission.
(ii) Use Form HUD–96011 as Fax
Cover Page. For HUD to correctly match
a fax to a particular application, the
applicant must use and require third
parties that fax documentation on its
behalf to use the form HUD–96011 as
the cover page of the facsimile. Using
the form HUD–96011 will ensure that
HUD can electronically read faxes
submitted by and on behalf of an
applicant and match them to the
applicant’s application package received
via Grants.gov.
Failure to use the form HUD–96011 as
the cover page will create a problem in
electronically matching your faxes to
the application. If HUD is unable to
match the faxes electronically due to an
applicant’s failure to follow these
directions, HUD will not hand-match
faxes to applications and will not
consider the faxed information in rating
the application. If your facsimile
machine automatically creates a cover
page, turn this feature off before faxing
information to HUD.
(iii) HUD Fax Number. Applicants
and third parties submitting information
on their behalf must use the HUD–
96011 facsimile transmittal cover page
and must send the information to the
following fax number: (800) HUD–1010.
If you cannot access the toll-free 800
number or experience problems, you
may use (215) 825–8798 (this is not a
toll-free number).
(iv) Fax Individual Documents as
Separate Transmissions. In addition, it
is highly recommended that applicants
fax individual documents as separate
submissions to avoid fax transmission
problems. When faxing two or more
documents to HUD, applicants must use
the form HUD–96011 as the cover page
for each document (e.g., Letter of
Matching or Leveraging Funds,
Memorandum of Understanding,
Certification of Consistency with the
Consolidated Plan, etc.). Please be aware
that faxing large documents at one time
may result in transmission failures.
(v) Check Accuracy of Fax
Transmission. Be sure to check the
record of your transmission issued by
the fax machine to ensure that your fax
submission was completed ‘‘OK.’’ For
large or long documents, HUD suggests
that you divide them into smaller
sections for faxing purposes. Each time
you fax a document that you have
divided into smaller sections, you
should indicate on the cover sheet what
part of the overall section you are
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submitting (e.g., ‘‘part 1 of 4 parts’’ or
‘‘pages 1–10 of 20 pages’’).
Your facsimile machine should
provide you with a record of whether
HUD received your transmission. If you
get a negative response or a
transmission error, you should resubmit
the document until you confirm that
HUD has received your transmission.
HUD will not acknowledge that it
received a fax successfully. When
receiving a fax electronically, HUD will
electronically read it with an optical
character reader and attach it to the
application submitted through
Grants.gov. Applicants and third parties
submitting information on their behalf
may submit information by facsimile at
any time before the application deadline
date. Applicants must ensure that the
form HUD–96011 used to fax
information matches their electronic
application (i.e., is part of the
application package downloaded from
Grants.gov). As stated previously, when
faxing information, you must ensure
that if your facsimile machine
automatically generates a cover page,
that you turn that feature off and use the
form HUD–96011 as the cover page.
Also ensure that the fax is transmitted
to fit 81⁄2″ x 11″ letter size paper.
(vi) Preview your Fax Transmission.
HUD recommends that you ‘‘preview’’
how your fax will be transmitted by
using the copy feature on your facsimile
machine and make a copy of the first
two or three pages. You will see what
HUD receives as a fax. If the fax is not
clear or cuts off at the bottom of the
page, applicants should use a different
facsimile machine or have the machine
adjusted. All faxed materials must be
received no later than 11:59:59 p.m.
eastern time on the application deadline
date. HUD will store the information
and match it to the electronic
application when HUD receives it from
Grants.gov. If you are not faxing any
documents: Even though you are not
faxing any documents, you must still
complete the facsimile transmittal form.
In the section of the form titled ‘‘Name
of Document Transmitting,’’ enter the
words ‘‘Nothing Faxed with this
Application.’’ Complete the remaining
highlighted fields and enter the number
‘‘0’’ in the section of the form titled
‘‘How many pages (including cover) are
being faxed?’’
Steps to Take Before You Submit
Your Application. You should review
the application package and all the
attachments to make sure it contains all
the documents you want to submit. If it
does, save it to your computer and
remove previously saved versions.
Check your AOR status on Grants.gov to
make sure your E-Business POC has
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authorized you to submit an application
on behalf of your organization. Run the
Check Package for Errors feature on the
application package and correct any
problems identified. Contact any
persons or entities that were to submit
third-party faxes to make sure that the
faxes have been submitted using the
facsimile cover page that you provided.
C. Submission Dates and Times
Applications submitted through
Grants.gov must be received and
validated by Grants.gov no later than
11:59:59 p.m. eastern time on the
application deadline date. There are
several steps in the upload and receipt
process, so applicants are advised to
submit their applications at least 48 to
72 hours in advance of the deadline date
and when the Grants.gov help desk is
open so that any issues can be
addressed prior to the deadline date and
time. HUD recommends uploading your
application using Internet Explorer or
Netscape.
1. Confirmation of Submission to
Grants.gov. When you successfully
upload an application to Grants.gov,
you will receive a confirmation message
on your computer screen that your
application has been submitted to
Grants.gov and is being processed. This
confirmation will include a tracking
number. Print this confirmation out and
save it for your records. If you have
submitted multiple applications, be sure
to check to see what application to
which each confirmation applies. The
grant number, CFDA, and Funding
Opportunity Number, as well as the date
and time of submission, will appear on
the confirmation. If you do not receive
this confirmation, it means that your
application has not been successfully
uploaded. If your screen goes blank or
you have problems uploading, you need
to immediately call Grants.gov support
at (800) 518–GRANTS for assistance
(this is a toll-free number).
2. Application Submission Validation
Check. The application will then go
through a validation process. The
validation check ensures that:
a. The application is virus-free;
b. The application meets the deadline
requirements established for the funding
opportunity;
c. The DUNS number submitted on
the application matches the DUNS
number in the registration, and that the
AOR has been authorized to submit the
application for funding by the
organization identified by its DUNS
number; and
d. All the mandatory (highlighted)
fields and forms were completed on the
application.
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3. Application Validation and
Rejection Notification. If the application
fails any of the above items during the
validation check, the application
package will be rejected and the
submitter will receive an email
indicating the application has been
rejected. The email will include the
reasons why the application was
rejected. The validation check can occur
24 to 48 hours after the application
submission. Therefore, HUD
recommends that all applicants submit
their application no later than 72 hours
before the deadline. That way, if the
application fails the validation process,
the applicant will have time to make the
corrections and resubmit the application
before the deadline. By submitting 72
hours in advance of the deadline,
applicants should have time to cure
deficiencies in their application. In
developing the application submission
dates, HUD has considered the
validation process and established due
dates for all NOFAs that add in the
additional time needed for the
validation process. For example, if HUD
previously provided a 60-day
application period, HUD will provide a
63-day application period in FY2007. In
this scenario, however, in order to meet
the validation requirement, your
application must be submitted by the
60th day.
4. Timely Receipt Requirements and
Proof of Timely Submission
a. Proof of Application Submission.
Proof of timely submission and
validation is automatically recorded by
Grants.gov. An electronic time stamp is
generated within the system when the
application has been successfully
received and validated.
b. Confirmation Receipt. Upon
submitting an application at Grants.gov,
you will receive a Confirmation, which
advises that your application is being
processed. This confirmation will also
include the Grants.gov tracking number.
Print the confirmation and save it with
your records.
c. Validation Receipt via E-mail.
Within 24 to 48 hours after receipt of
the confirmation, the applicant will
receive a validation receipt via email.
The receipt indicates that the
application has passed the validation
review at Grants.gov and the application
is ready to be retrieved by the grantor
agency for agency processing. Please be
aware that the Grants.gov validation
does not indicate that the grantor agency
has reviewed the content of your
application; rather, the validation
merely indicates that the application
has been successfully received and is
ready for pick-up by the grantor agency.
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d. Rejection Notice. If an application
fails the validation process, the
applicant will receive a rejection notice
within 24 to 48 hours after the
confirmation notice. The applicant
should review the rejection notice
because it will include the reason for
rejection. The applicant should try to
cure the deficiencies and resubmit the
application as soon as possible prior to
the deadline. By submitting the
application 72 hours prior to the
deadline, applicants who have
completed their registration should have
sufficient time to cure the reasons for
rejection and successfully resubmit their
application in time to meet the
deadline.
e. Save and File Receipts. Applicants
should save all receipts from Grants.gov,
as well as facsimile receipts for proof of
timely submission. Applicants will be
considered as meeting the deadline date
requirements when Grants.gov has
received and validated your application
no later than the deadline date and time,
and when all fax transmissions have
been received by the deadline date and
time.
f. Delayed Transmission Time.
Applicants using dial-up connections
should be aware that transmitting your
application takes extra time before
Grants.gov receives it. Grants.gov will
provide either an error or a successfully
received transmission message. The
Grants.gov Help Desk reports that some
applicants abort the transmission
because they think that nothing is
occurring during the transmission
process. Please be patient and give the
system time to process the application.
Uploading and transmitting a large file,
particularly electronic forms with
associated eXtensible mark-up language
(XML) schema, will take considerable
time to process and be received by
Grants.gov. However, the upload even
for large files should not take longer
than one hour. If you are still waiting
after one hour for the submission to be
uploaded to Grants.gov, stop the
transmission and check the available
disk space and memory on your
computer. HUD has found that difficulty
in uploading an application from the
applicant’s desktop is most frequently
due to: (1) The application package
being too large to be handled by the
applicant’s computer; (2) the local
entity’s network limits the size of files
going in or out; or (3) the Internet
service provider has a file size limit.
Therefore, in such instances, the
application should be reduced in size by
removing attachment files and
submitting the attachments via the
facsimile method using the form HUD–
96011 as the cover page. The
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application without attachments should
be uploaded to Grants.gov. HUD will
match applications submitted to
Grants.gov with facsimiles that have
been transmitted following the
directions in this notice.
g. Ensure You Have Installed the Free
Grants.gov Software. Check to ensure
that the latest version of the software
available from Grants.gov, which is free
for system users, has been properly
installed on your computer. Applicants
will find a link to the free software for
download at the Download Application
page for the funding opportunity
available on Grants.gov. HUD has found
that an improper installation will result
in an application not being able to
upload properly. If you are not sure how
to determine if the software is properly
installed, call the Grants.gov Support
Desk.
5. Late applications. Applications
validated by Grants.gov after the
established deadline for the program
will be considered late and will not
receive funding consideration.
Applicants should pay close attention to
these submission and timely receipt
instructions, as they can make a
difference in whether HUD will accept
your application for funding
consideration. Similarly, HUD will not
consider information submitted by
facsimile as part of the application if
received by HUD after the established
deadline. Please take into account the
transmission time required for
submitting your application via the
Internet and the time required to fax any
related documents. HUD suggests that
applicants submit their applications
during the operating hours of the
Grants.gov Help Desk so that, if there
are questions concerning transmission,
operators will be available to assist you
through the process. Submitting your
application early and during the Help
Desk hours will also ensure that you
have sufficient time for the application
to complete its transmission before the
application deadline.
6. Continuum of Care Paper
Application Submission. Applicants
under the Continuum of Care program
should follow the directions for
application submission and timely
receipt that are contained in the
Continuum of Care program section.
D. Intergovernmental Review/State
Points of Contact (SPOC)
Executive Order 12372,
‘‘Intergovernmental Review of Federal
Programs,’’ was issued to foster
intergovernmental partnership and
strengthen federalism by relying on state
and local processes for the coordination
and review of federal financial
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assistance and direct federal
development. HUD implementing
regulations are published at 24 CFR part
52. The executive order allows each
state to designate an entity to perform a
state review function. Applicants can
find the official listing of State Points of
Contact (SPOCs) for this review process
at https://www.whitehouse.gov/omb/
grants/spoc.html. States not listed on
the Web site have chosen not to
participate in the intergovernmental
review process and, therefore, do not
have a SPOC. If your state has a SPOC,
you should contact the SPOC to see if
it is interested in reviewing your
application before submission to HUD.
Please make sure that you allow
ample time for this review when
developing and submitting your
applications. If your state does not have
a SPOC, you can submit your
application directly to HUD using
Grants.gov.
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E. Funding Restrictions
The individual program NOFAs will
describe any funding restrictions that
apply to each program.
F. Other Submission Requirements
1. Application Kits. There are no
application kits for HUD programs. All
the information you need to apply will
be in the NOFA and available at https://
www.grants.gov/applicants/
apply_for_grants.jsp.
2. Discrepancies between the Federal
Register and Other Documents. The
published Federal Register document is
the official document that HUD uses to
solicit applications. Therefore, if there is
a discrepancy between any materials
published by HUD in its Federal
Register publications and other
information provided in paper copy,
electronic copy, at www.grants.gov, or at
HUD’s Web site, the Federal Register
publication prevails. Please be sure to
review your application submission
against the requirements in the Federal
Register file for the program NOFA or
NOFAs to which you are applying.
3. Application Certifications and
Assurances. Applicants are placed on
notice that by signing the SF–424 cover
page:
a. The governing body of the
applicant’s organization has duly
authorized the application for federal
assistance. In addition, by signing or
electronically submitting the
application, the AOR certifies that the
applicant:
(1) Has the legal authority to apply for
federal assistance and has the
institutional, managerial, and financial
capacity (including funds to pay for any
non-federal share of program costs) to
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plan, manage, and complete the
program as described in the application;
(2) Will provide HUD with any
additional information it may require;
and
(3) Will administer the award in
compliance with requirements
identified and contained in the NOFA
(General and Program sections) as
applicable to the program for which
funds are awarded and in accordance
with requirements applicable to the
program.
b. No appropriated federal funds have
been paid or will be paid, by or on
behalf of the applicant, to any person for
influencing or attempting to influence
an officer or employee of any agency, a
member of Congress, or an employee of
a member of Congress, in connection
with this application for federal
assistance or any award of funds
resulting from the submission of this
application for federal assistance or its
extension, renewal, amendment, or
modification. If funds other than federal
appropriated funds have been or will be
paid for influencing or attempting to
influence the persons listed above, the
applicant agrees to complete and submit
SF–LLL, Disclosure of Lobbying
Activities, as part of its application
submission package. The applicant
further agrees to and certifies that it will
require similar certification and
disclosure of all subawards at all tiers,
including subgrants and contracts.
c. Federally recognized Indian tribes
and tribally designated housing entities
(TDHEs) established by a federally
recognized Indian tribe, as a result of
the exercise of the tribe’s sovereign
power, are excluded from coverage by
item b. (also known as the Byrd
Amendment). However, staterecognized Indian tribes and TDHEs
established under state law are not
excluded from the statute’s coverage
and therefore must comply with item b
above.
By submitting an application, the
applicant affirms its awareness of these
certifications and assurances. The AOR
submitting the application is affirming
that these certifications and assurances
are material representations of the facts
upon which HUD will rely when
making an award to the applicant. If it
is later determined that the signatory to
the application submission knowingly
made a false certification or assurance
or did not have the authority to make a
legally binding commitment for the
applicant, the applicant may be subject
to criminal prosecution, and HUD may
terminate the award to the applicant
organization or pursue other available
remedies.
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4. Waiver of Electronic Submission
Requirements. The regulatory
framework for HUD’s electronic
submission requirement is the final rule
established in 24 CFR 5.1005.
Applicants seeking a waiver of the
electronic submission requirement must
request a waiver in accordance with 24
CFR 5.1005. HUD’s regulations allow for
a waiver of the electronic submission
requirement for cause. If the waiver is
granted, the applicable program office’s
response will include instructions on
how many hard copies of the paper
application must be submitted as well
as how and where to submit them.
Applicants that are granted a waiver of
the electronic submission requirement
will not be afforded additional time to
submit their applications. The deadlines
for applications will remain as provided
in the program section of the
SuperNOFA and as per the final
Appendix A published with the
SuperNOFA program sections. As a
result, applicants seeking a waiver of
the electronic application submission
requirement should submit their waiver
request with sufficient time to allow
HUD to process and respond to the
request. Applicants should also allow
themselves sufficient time to submit
their application so that HUD receives
the application by the established
deadline date. For this reason, HUD
strongly recommends that if an
applicant finds it cannot submit its
application electronically and must seek
a waiver of the electronic grant
submission requirement, it should
submit the waiver request to the
headquarters of the applicable HUD
office no later than 15 days before the
application deadline. This will allow
time for HUD to process the waiver
request and give the applicant sufficient
time to submit the paper application to
meet the deadline if the waiver is
granted. To expedite the receipt and
review of such requests, applicants may
email their requests to the program
contact listed in the program NOFA. If
HUD does not have sufficient time to
process the waiver request, a waiver
will not be granted. Paper applications
received without a prior approved
waiver and/or after the established
deadline date will not be considered.
V. Application Review Information
A. Criteria
1. Factors for Award Used to Evaluate
and Rate Applications. For each
program NOFA, the points awarded for
the rating factors total 100. Depending
on the program for which you are
seeking funding, the funding
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opportunity may provide up to four
bonus points, as provided below:
a. RC/EZ/EC–II. HUD will award two
bonus points to each application that
includes a valid form HUD–2990
certifying that the proposed activities/
projects in the application are consistent
with the strategic plan for an
empowerment zone (EZ) designated by
HUD or the U.S. Department of
Agriculture (USDA), the tax incentive
utilization plan for an urban or rural
renewal community designated by HUD
(RC), or the strategic plan for and
enterprise community designated in
round II by USDA (EZ–II), and that the
proposed activities/projects will be
located within the RC/EZ/EC–II
identified above and are intended to
serve the residents. For ease of reference
in this notice, all of the federally
designated areas are collectively
referred to as ‘‘RC/EZ/EC–IIs’’ and
residents of any of these federally
designated areas as ‘‘RC/EZ/EC–II
residents.’’ The individual funding
announcements will indicate if the
bonus points are available under the
program. This notice contains a
certification that must be completed for
the applicant to be considered for RC/
EZ/EC–II bonus points. Applicants can
obtain a list of RC/EZ/EC–IIs from
HUD’s grants Web page at https://
www.hud.gov/offices/adm/grants/
fundsavail.cfm. Applicants can
determine if their program or project
activities are located in one of these
designated areas by using the locator on
HUD’s Web site at https://egis.hud.gov/
egis/.
b. The Five Standard Rating Factors
for FY2007. HUD has established the
following five standard factors for
awarding funds under the majority of its
FY2007 program NOFAs.
Factor 1: Capacity of the Applicant
and Relevant Organizational Staff.
Factor 2: Need/Extent of the Problem.
Factor 3: Soundness of Approach.
Factor 4: Leveraging Resources.
Factor 5: Achieving Results and
Program Evaluation.
Additional details about the five
rating factors and the maximum points
for each factor are provided in the
program NOFAs. For a specific funding
opportunity, HUD may modify these
factors to take into account explicit
program needs or statutory or regulatory
limitations. Applicants should carefully
read the factors for award as described
in the program NOFA to which you are
responding.
The Continuum of Care Homeless
Assistance programs have only two
factors that receive points: (1) Need and
(2) Continuum of Care.
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c. Additional Criterion. In addition to
the Standard Rating Criterion, HUD will
consider the following additional items
when rating your application(s).
(1) Past Performance. In evaluating
applications for funding, HUD will take
into account applicants’ past
performance in managing funds,
including, but not limited to, the ability
to account for funds appropriately;
timely use of funds received either from
HUD or other federal, state, or local
programs; timely submission and
quality of reports to HUD; meeting
performance targets as established in
logic models approved as part of the
grant agreement; timelines for
completion of activities and receipt of
promised matching or leveraged funds;
and the number of persons to be served
or targeted for assistance. HUD may
consider information available from
HUD’s records; the name check review;
public sources such as newspapers,
Inspector General or Government
Accountability Office reports or
findings; or hotline or other complaints
that have been proven to have merit.
(2) Deducting Points for Poor
Performance. In evaluating past
performance, HUD may elect to deduct
points from the rating score or establish
threshold levels as specified under the
Factors for Award in the individual
program NOFAs.
B. Reviews and Selection Process
1. HUD’s Strategic Goals to
Implement HUD’s Strategic Framework
and Demonstrate Results. HUD is
committed to ensuring that programs
result in the achievement of HUD’s
strategic mission. To support this effort,
grant applications submitted for HUD
programs will be rated on how well they
tie proposed outcomes to HUD’s policy
priorities and annual goals and
objectives, as well as the quality of the
applicant’s proposed evaluation and
monitoring plans. HUD’s strategic
framework establishes the following
goals and objectives for the Department:
a. Increase Homeownership
Opportunities.
(1) Expand national homeownership
opportunities.
(2) Increase minority homeownership.
(3) Make the home-buying process
less complicated and less expensive.
(4) Reduce predatory lending
practices through reform, education,
and enforcement.
(5) Help HUD-assisted renters become
homeowners.
(6) Keep existing homeowners from
losing their homes.
b. Promote Decent Affordable
Housing.
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(1) Expand access to and the
availability of decent, affordable rental
housing.
(2) Improve the management
accountability and physical quality of
public and assisted housing.
(3) Improve housing opportunities for
the elderly and persons with
disabilities.
(4) Promote housing self-sufficiency.
(5) Facilitate more effective delivery
of affordable housing by reforming
public housing and the Housing Choice
Voucher program.
c. Strengthen Communities.
(1) Assist disaster recovery in the Gulf
Coast region.
(2) Enhance sustainability of
communities by expanding economic
opportunities.
(3) Foster a suitable living
environment in communities by
improving physical conditions and
quality of life.
(4) End chronic homelessness and
move homeless families and individuals
to permanent housing.
(5) Mitigate housing conditions that
threaten health.
d. Ensure Equal Opportunity in
Housing.
(1) Ensure access to a fair and
effective administrative process to
investigate and resolve complaints of
discrimination.
(2) Improve public awareness of rights
and responsibilities under fair housing
laws.
(3) Improve housing accessibility for
persons with disabilities.
(4) Ensure that HUD-funded entities
comply with fair housing and other civil
rights laws.
e. Embrace High Standards of Ethics,
Management, and Accountability.
(1) Strategically manage human
capital to increase employee satisfaction
and improve HUD performance.
(2) Improve HUD’s management and
internal controls to ensure program
compliance and resolve audit issues.
(3) Improve accountability, service
delivery, and customer service of HUD
and its partners.
(4) Capitalize on modernized
technology to improve the delivery of
HUD’s core business functions.
f. Promote Participation of FaithBased and Other Community
Organizations.
(1) Reduce barriers to faith-based and
other community organizations.
(2) Conduct outreach and provide
technical assistance to strengthen the
capacity of faith-based and community
organizations to attract partners and
secure resources.
(3) Encourage partnerships between
faith-based and other community
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organizations and HUD’s grantees and
subgrantees.
Additional information about HUD’s
New Strategic Plan FY2006–FY2011,
and 2002–2007 Annual Performance
Plans is available at https://
www.hud.gov/offices/cfo/reports/
cforept.cfm.
2. Policy Priorities. HUD encourages
applicants to undertake specific
activities that will assist the Department
in implementing its policy priorities
and achieving its goals for FY2007 and
beyond, when the majority of funding
recipients will be reporting
programmatic results and achievements.
Applicants that include work activities
that specifically address one or more of
these policy priorities will receive
higher rating scores than applicants that
do not address these HUD priorities.
Each NOFA issued in FY2007 will
specify which priorities relate to a
particular program and how many
points will be awarded for addressing
those priorities.
a. Providing Increased
Homeownership and Rental
Opportunities for Low- and ModerateIncome Persons, Persons with
Disabilities, the Elderly, Minorities, and
Persons with Limited English
Proficiency. Too often, these individuals
and families are shut out of the housing
market through no fault of their own.
Often, developers of housing, housing
counseling agencies, and other
organizations engaged in the housing
industry must work aggressively to open
up the realm of homeownership and
rental opportunities to low- and
moderate-income persons, persons with
disabilities, the elderly, minorities, and
persons with limited English
proficiency. Many of these families are
anxious to have homes of their own, but
are not aware of the programs and
assistance that are available. Applicants
are encouraged to address the housing,
housing counseling, and other related
supportive service needs of these
individuals and coordinate their
proposed activities with funding
available through HUD’s affordable
housing programs and home loan
programs.
Proposed activities support strategic
goals a, b, and d.
b. Improving our Nation’s
Communities. HUD wants to improve
the quality of life for those living in
distressed communities. Applicants are
encouraged to include activities that:
(1) Bring private capital into
distressed communities;
(2) Finance business investments to
grow new businesses;
(3) Maintain and expand existing
businesses;
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(4) Create a pool of funds for new
small and minority-owned businesses;
and
(5) Create decent jobs for low-income
persons.
(6) Improve the environmental health
and safety of families living in public
and privately owned housing by
including activities that:
(i) Coordinate lead hazard reduction
programs with weatherization activities
funded by state and local governments
and the federal government; and
(ii) Reduce or eliminate health-related
hazards in the home caused by toxic
agents, such as molds and other
allergens, carbon monoxide, and other
hazardous agents and conditions;
(7) Make communities more livable
by:
(i) Providing public and social
services; and
(ii) Improving infrastructure and
community facilities.
Activities support strategic goals b, c,
and d.
c. Encouraging Accessible Design
Features. As described in Section
III.C.2.c., applicants must comply with
applicable civil rights laws, including
the Fair Housing Act, Section 504 of the
Rehabilitation Act of 1973, and the
Americans with Disabilities Act. These
laws and the regulations implementing
them provide for nondiscrimination
based on disability and require housing
and other facilities to incorporate
certain features intended to provide for
their use and enjoyment by persons
with disabilities. HUD is encouraging
applicants to add accessible design
features beyond those required under
civil rights laws and regulations. Such
features would eliminate many other
barriers limiting the access of persons
with disabilities to housing and other
facilities. Copies of the Uniform Federal
Accessibility Standards (UFAS) are
available from the NOFA Information
Center at (800) HUD–8929 and also from
the Office of Fair Housing and Equal
Opportunity, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Room 5230, Washington,
DC 20410–2000; telephone (202) 755–
5404 or toll-free at (800) 877–8339
(TTY). Persons with hearing or speech
impairments may access these numbers
via TTY by calling the Federal
Information Relay Service at (800) 877–
8339. (These are toll-free numbers.)
Accessible design features are
intended to promote visitability and
incorporate features of universal design,
as described below.
(1) Visitability in New Construction
and Substantial Rehabilitation.
Applicants are encouraged to
incorporate visitability standards, where
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feasible, in new construction and
substantial rehabilitation projects.
Visitability standards allow a person
with mobility impairments access into
the home, but do not require that all
features be made accessible. Visitability
means that there is at least one entrance
at grade (no steps), approached by an
accessible route such as a sidewalk, and
that the entrance door and all interior
passage doors are at least 2 feet, 10
inches wide, allowing 32 inches of clear
passage space. A visitable home also
serves persons without disabilities, such
as a mother pushing a stroller or a
person delivering a large appliance.
More information about visitability is
available at https://
www.concretechange.org/.
Activities support strategic goals b, c,
and d.
(2) Universal Design. Applicants are
encouraged to incorporate universal
design in the construction or
rehabilitation of housing, retail
establishments, and community
facilities funded with HUD assistance.
Universal design is the design of
products and environments to be usable
by all people to the greatest extent
possible, without the need for
adaptation or specialized design. The
intent of universal design is to simplify
life for everyone by making products,
communications, and the built
environment more usable by as many
people as possible at little or no extra
cost to the user. Universal design
benefits people of all ages and abilities.
In addition to any applicable required
accessibility feature under Section 504
of the Rehabilitation Act of 1973 or the
design and construction requirements of
the Fair Housing Act, the Department
encourages applicants to incorporate the
principles of universal design when
developing housing, community
facilities, and electronic communication
mechanisms, or when communicating
with community residents at public
meetings or events.
HUD believes that by creating housing
that is accessible to all, it can increase
the supply of affordable housing for all,
regardless of ability or age. Likewise,
creating places where people work,
train, and interact that are usable and
open to all residents increases
opportunities for economic and
personal self-sufficiency. More
information on universal design is
available from the Center for Universal
Design at https://
www.design.ncsu.edu:8120/cud/ or the
Resource Center on Accessible Housing
and Universal Design at
www.abledata.com/abledata.
cfm?pageid=113573&top=
16029§ionid=19326.
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Activities support strategic goals a
thru d.
d. Providing Full and Equal Access to
Grassroots Faith-Based and Other
Community Organizations in HUD
Program Implementation.
(1) HUD encourages nonprofit
organizations, including grassroots
faith-based and other community
organizations, to participate in the vast
array of programs for which funding is
available through HUD’s programs. HUD
also encourages states, units of local
government, universities, colleges, and
other organizations to partner with
grassroots organizations (e.g., civic
organizations, faith communities, and
grassroots faith-based and other
community organizations) that have not
been effectively utilized. These
grassroots organizations have a strong
history of providing vital community
services, such as assisting the homeless
and preventing homelessness,
counseling individuals and families on
fair housing rights, providing elderly
housing opportunities, developing firsttime homeownership programs,
increasing homeownership and rental
housing opportunities in neighborhoods
of choice, developing affordable and
accessible housing in neighborhoods
across the country, creating economic
development programs, and supporting
the residents of public housing
facilities. HUD seeks to make its
programs more effective, efficient, and
accessible by expanding opportunities
for grassroots organizations to
participate in developing solutions for
their own neighborhoods. Additionally,
HUD encourages applicants to include
these grassroots faith-based and other
community organizations in their work
plans. Applicants, their partners, and
participants must review the individual
FY2007 HUD program announcements
to determine whether they are eligible to
apply for funding directly or whether
they must establish a working
relationship with an eligible applicant
in order to participate in a HUD funding
opportunity. Grassroots faith-based and
other community organizations, and
applicants that currently or propose to
partner, fund, subgrant, or subcontract
with grassroots organizations (including
grassroots faith-based or other
community nonprofit organizations
eligible under applicable program
regulations) in conducting their work
programs will receive higher rating
points, as specified in the individual
FY2007 HUD program announcements.
(2) Definitions of Grassroots
Organizations.
(a) HUD will consider an organization
a ‘‘grassroots organization’’ if the
organization is headquartered in the
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local community in which it provides
services; and
(i) Has a social services budget of
$300,000 or less, or
(ii) Has six or fewer full-time
equivalent employees.
(b) Local affiliates of national
organizations are not considered
‘‘grassroots.’’ Local affiliates of national
organizations are encouraged, however,
to partner with grassroots organizations,
but must demonstrate that they are
currently working with a grassroots
organization (e.g., having a grassroots
faith-based or other community
organization provide volunteers).
(c) The cap provided in paragraph
(2)(a)(i) above includes only that portion
of an organization’s budget allocated to
providing social services. It does not
include other portions of the budget,
such as salaries and expenses, not
directly expended in the provision of
social services.
Activities support strategic goal f.
e. Participation of Minority-Serving
Institutions (MSIs) in HUD Programs.
Pursuant to Executive Orders 13256,
‘‘President’s Board of Advisors on
Historically Black Colleges and
Universities,’’ 13230, ‘‘President’s
Advisory Commission on Educational
Excellence for Hispanic Americans,’’
13216, ‘‘Increasing Participation of
Asian Americans and Pacific Islanders
in Federal Programs,’’ and 13270,
‘‘Tribal Colleges and Universities,’’ HUD
is strongly committed to broadening the
participation of MSIs in its programs.
HUD is interested in increasing the
participation of MSIs in order to
advance the development of human
potential, strengthen the nation’s
capacity to provide high quality
education, and increase opportunities
for MSIs to participate and benefit from
federal financial assistance programs.
HUD encourages all applicants and
recipients to include meaningful
participation of MSIs in their work
programs. A listing of MSIs can be
found on the Department of Education
Web site at www.ed.gov/about/offices/
list/ocr/edlite-minorityinst.html or
HUD’s Web site at www.hud.gov/offices/
adm/grants/fundsavail.cfm. Activities
support strategic goals c and d.
f. Ending Chronic Homelessness.
President Bush has set a national goal to
end chronic homelessness. HUD
Secretary Alphonso Jackson has
embraced this goal and has pledged that
HUD’s grant programs will be used to
support the President’s goal and better
meet the needs of chronically homeless
individuals. A person experiencing
chronic homelessness is defined as an
unaccompanied individual with a
disabling condition who has been
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continuously homeless for a year or
more or has experienced four or more
episodes of homelessness over the last
3 years. A disabling condition is defined
as a diagnosable substance abuse
disorder, serious mental illness,
developmental disability, or chronic
physical illness or disability, including
the co-occurrence of two or more of
these conditions. Applicants are
encouraged to target assistance to
chronically homeless persons by
undertaking activities that will result in:
(1) Creation of affordable housing
units, supportive housing, and group
homes;
(2) Establishment of a set-aside of
units of affordable housing for the
chronically homeless;
(3) Establishment of substance abuse
treatment programs targeted to the
homeless population;
(4) Establishment of job training
programs that will provide
opportunities for economic selfsufficiency;
(5) Establishment of counseling
programs that assist homeless persons
in finding housing, managing finances,
managing anger, and building
interpersonal relationships;
(6) Provision of supportive services,
such as health care assistance, that will
permit homeless individuals to become
productive members of society; and
(7) Provision of service coordinators
or one-stop assistance centers that will
ensure that chronically homeless
persons have access to a variety of social
services.
Applicants that are developing
programs to meet the goals set in this
policy priority should keep in mind the
requirements of the regulations
implementing Section 504 of the
Rehabilitation Act, in particular, 24 CFR
8.4(b)(1)(iv), 8.4(c)(1), and 8.4(d).
Activities support strategic goals b
and c.
g. Removal of Regulatory Barriers to
Affordable Housing.
In FY2007, HUD continues to make
removal of regulatory barriers a policy
priority. Through the Department’s
America’s Affordable Communities
Initiative, HUD is seeking input into
how it can work more effectively with
the public and private sectors to remove
regulatory barriers to affordable
housing. Increasing the affordability of
rental and homeownership housing
continues to be a high priority of the
Department. Addressing these barriers
to housing affordability is a necessary
component of any overall national
housing policy.
Under this policy priority, higher
rating points are available to: (1)
governmental applicants that are able to
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demonstrate successful efforts in
removing regulatory barriers to
affordable housing and (2)
nongovernmental applicants that are
associated with jurisdictions that have
undertaken successful efforts in
removing barriers. To obtain the policy
priority points for efforts to successfully
remove regulatory barriers, applicants
must complete form HUD–27300,
‘‘Questionnaire for HUD’s Removal of
Regulatory Barriers’’ (‘‘HUD
Communities Initiative’’ on Grants.gov).
Copies of HUD’s notices published on
this issue can be found on HUD’s Web
site at https://www.hud.gov/offices/adm/
grants/fundsavail.cfm.
Local jurisdictions and counties with
land use and building regulatory
authority applying for funding, as well
as PHAs, nonprofit organizations, and
other qualified applicants applying for
funds for projects located in these
jurisdictions, are invited to answer the
20 questions under Part A. An applicant
that scores at least five in column 2 will
receive one point in the NOFA
evaluation. An applicant that scores ten
or more in column 2 will receive two
points in the NOFA evaluation.
State agencies or departments
applying for funding, as well as PHAs,
nonprofit organizations, and other
qualified applicants applying for funds
for projects located in unincorporated
areas or areas not otherwise covered in
Part A, are invited to answer the 15
questions under Part B. Under Part B, an
applicant that scores at least four in
column 2 will receive one point in the
NOFA evaluation. Under Part B, an
applicant that scores eight or more will
receive a total of two points in the
respective evaluation.
Applicants that will be providing
services in multiple jurisdictions may
choose to address the questions in either
Part A or Part B for that jurisdiction in
which the preponderance of services
will be performed should an award be
made. In no case will an applicant
receive more than two points for barrier
removal activities under this policy
priority. An applicant that is an Indian
tribe or TDHE may choose to complete
either Part A or Part B after determining
whether the tribe’s or TDHE’s
association with the local jurisdiction or
the state would be the more
advantageous for its application.
The form HUD–27300,
‘‘Questionnaire for HUD’s Removal of
Regulatory Barriers’’ (‘‘HUD
Communities Initiative’’ on Grants.gov),
is available as part of the application
package retrieved from Grants.gov, and
at https://www.hudclips.org/
sub_nonhud/html/forms.htm. A limited
number of questions on the form
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expressly request the applicant to
provide brief documentation with its
response. Other questions require that,
for each affirmative statement made, the
applicant supply a reference, Internet
address, or brief statement indicating
where the back-up information may be
found and a point of contact, including
a telephone number or email address.
To obtain an understanding of this
policy priority and how it can affect
their score, applicants are encouraged to
read HUD’s three notices, which are
available at https://www.hud.gov/
initiatives/affordablecom.cfm.
Applicants that do not provide the
Internet addresses, references, or
documentation will not get the policy
priority points. Activities support
strategic goals a and b.
h. Participation in Energy Star. HUD
has adopted a wide-ranging energy
action plan for improving energy
efficiency in all program areas. As a first
step in implementing the energy plan,
HUD, the Environmental Protection
Agency (EPA), and the Department of
Energy (DOE) have signed a partnership
to promote energy efficiency in HUD’s
affordable housing programs, including
public housing, HUD-insured housing,
and housing financed through HUD
formula and competitive programs. The
purpose of the Energy Star partnership
is to promote energy-efficient affordable
housing stock while protecting the
environment. Applicants constructing,
rehabilitating, or maintaining housing or
community facilities are encouraged to
promote energy efficiency in design and
operations. They are urged especially to
purchase and use products that display
the Energy Star label. Applicants
providing housing assistance or
counseling services are encouraged to
promote Energy Star materials and
practices, as well as buildings
constructed to Energy Star standards, to
both homebuyers and renters.
Applicants are encouraged to
undertake program activities that
include developing Energy Star
promotional and information materials;
providing outreach to low- and
moderate-income renters and buyers on
the benefits and savings when using
Energy Star products and appliances;
utilizing Energy Star-designated
products in the construction or
rehabilitation of housing units; and
replacing worn products or facilities,
such as light bulbs, water heaters,
furnaces, etc., with Energy Star products
in order to reduce operating costs.
Communities and developers are
encouraged to promote the designation
of community buildings and homes as
Energy Star compliant. For further
information about Energy Star, see
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https://www.energystar.gov or call the
following toll-free numbers: (888) 782–
7937 or (888) 588–9920 (TTY).
Activities support strategic goals a
and b.
3. Threshold Compliance. Only
applications that meet all of the
threshold requirements will be eligible
to receive an award of funds from HUD.
4. Corrections to Deficient
Applications. After the application
deadline, HUD may not, consistent with
its regulations in 24 CFR part 4, subpart
B, consider any unsolicited information
that you, the applicant, may want to
provide. HUD may contact you to clarify
an item in your application or to correct
curable (correctable) technical
deficiencies. HUD may not seek
clarification of items or responses that
improve the substantive quality of your
response to any rating factors. In order
not to unreasonably exclude
applications from being rated and
ranked, HUD may contact applicants to
ensure proper completion of the
application and will do so on a uniform
basis for all applicants.
Examples of curable (correctable)
technical deficiencies include
inconsistencies in the funding request,
failure to submit the proper
certifications, and failure to submit an
application that contains a signature by
an official able to make a legally binding
commitment on behalf of the applicant.
In the case of an applicant that received
a waiver of the regulatory requirement
to submit an electronic application, the
technical deficiency may include failure
to submit an application that contains
an original signature. If HUD finds a
curable deficiency in the application,
HUD will notify you in writing by
describing the clarification or technical
deficiency. HUD will notify applicants
by facsimile or via the U.S. Postal
Service, return receipt requested.
Clarifications or corrections of technical
deficiencies in accordance with the
information provided by HUD must be
submitted within 14 calendar days of
the date of receipt of the HUD
notification. (If the deadline date falls
on a Saturday, Sunday, or federal
holiday, your correction must be
received by HUD on the next day that
is not a Saturday, Sunday, or federal
holiday.) If the deficiency is not
corrected within this time, HUD will
reject the application as incomplete, and
it will not be considered for funding. In
order to meet statutory deadlines for the
obligation of funds or for timely
completion of the review process,
program NOFAs may reduce the number
of days for submitting a response to a
HUD clarification or a correction to a
technical deficiency. Please be sure to
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carefully read each program NOFA for
any additional information and
instructions. An applicant’s response to
a HUD notification of a curable
deficiency should be submitted directly
to HUD in accordance with the
instructions provided in the
notification.
5. Rating Panels. To review and rate
applications, HUD may establish panels
that may include persons not currently
employed by HUD. HUD may include
these non-HUD employees to obtain
particular expertise and outside points
of view, including views from other
federal agencies. Persons brought into
HUD to review applications are subject
to conflict-of-interest provisions. In
addition, reviewers using HUD
information technology (IT) systems
may be subject to an IT security check.
6. Rating. HUD will evaluate and rate
all applications for funding that meet
the threshold requirements.
7. Ranking. HUD will rank applicants
within each program or, for Continuum
of Care applicants, across the three
programs identified in the Continuum of
Care NOFA. HUD will rank applicants
only against those applying for the same
program funding.
Where there are set-asides within a
program competition, you, the
applicant, will compete against only
those applicants in the same set-aside
competition.
C. Anticipated Announcement and
Award Dates
The individual program NOFAs will
provide the applicable information
regarding this subject.
VI. Award Administration Information
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A. Award Notices
1. Negotiation. After it has rated and
ranked all applications and made
selections, HUD may require, depending
upon the program, that a selected
applicant participate in negotiations to
determine the specific terms of the
funding agreement and budget. In cases
where HUD cannot successfully
conclude negotiations with a selected
applicant or a selected applicant fails to
provide HUD with requested
information, an award will not be made
to that applicant. In such an instance,
HUD may offer an award to and proceed
with negotiations with the next highestranking applicant.
2. Adjustments to Funding.
a. To ensure the fair distribution of
funds and enable the purposes or
requirements of a specific program to be
met, HUD reserves the right to fund less
than the full amount requested in your
application.
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b. HUD will not fund any portion of
your application that: (1) is not eligible
for funding under specific HUD program
statutory or regulatory requirements; (2)
does not meet the requirements of this
notice; or (3) is duplicative of other
funded programs or activities from prior
year awards or other selected
applicants. Only the eligible portions of
your application (excluding duplicative
portions) may be funded.
c. If funds remain after funding the
highest-ranking applications, HUD may
fund all or part of the next highestranking application in a given program.
If you, the applicant, turn down an
award offer, HUD will make an offer of
funding to the next highest-ranking
application.
d. If funds remain after all selections
have been made, remaining funds may
be made available within the current
fiscal year for other competitions within
the program area or held over for future
competitions.
e. Individual program NOFAs may
have other requirements, so please
review the program NOFA carefully.
3. Funding Errors. In the event HUD
commits an error that, if corrected,
would result in selection of an applicant
during the funding round of a program
NOFA, HUD may select that applicant
when sufficient funds become available.
4. Performance and Compliance
Actions of Funding Recipients. HUD
will measure and address the
performance and compliance actions of
funding recipients in accordance with
the applicable standards and sanctions
of their respective programs.
5. Debriefing. For a period of at least
120 days, beginning 30 days after the
awards for assistance are publicly
announced, HUD will provide to a
requesting applicant a debriefing related
to its application. A request for
debriefing must be made in writing or
by email by the authorized official
whose signature appears on the SF–424
or by his or her successor in office, and
be submitted to the person or
organization identified as the contact
under the section entitled ‘‘Agency
Contact(s)’’ in the individual program
NOFA under which you applied for
assistance. Information provided during
a debriefing will include, at a minimum,
the final score you received for each
rating factor, final evaluator comments
for each rating factor, and the final
assessment indicating the basis upon
which assistance was provided or
denied.
B. Administrative and National Policy
Requirements
See Section III.C. of this notice
regarding related requirements.
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2413
C. Reporting
1. Use of a Logic Model to Report
Performance. In FY2004, HUD used as
a planning tool the logic model
submitted as part of NOFA applications.
In FY2005, HUD required grant
agreements to incorporate performance
reporting against the approved logic
model. In FY2006, HUD moved to
standardized ‘‘master’’ logic models
from which applicants can select needs,
activities/outputs, and outcomes
appropriate to their programs. In
addition, program offices have
identified Program Management
Evaluation Questions that grantees will
be required to report on as specified in
the approved program eLogic ModelTM.
The time frame established for the logic
model reporting will be in accordance
with the program’s established reporting
periods and as stated in the program
NOFA.
2. Placement of Approved Logic
Models and Reports on HUD’s Web site.
It is HUD’s intent to publish approved
logic models and grantee progress
reports submitted to HUD on its Grants
web site. Starting with awards made in
FY2007, HUD is establishing a Grants
Performance page that will feature
program performance ratings issued by
OMB under its Program Assessment
Rating Tool (PART), or its successor
tool, for HUD programs that have been
evaluated by OMB. HUD will also post
all approved logic models that show
each awardee’s projected outputs and
outcomes during the period of
performance. As required performance
reports are received by HUD, they will
be added to the web site. HUD is
creating this web site page to highlight
and make available to the public
performance and results from HUDfunded programs in keeping with
Executive Order 13392, issued
December 14, 2005, and published in
the Federal Register on December 19,
2005 (70 FR 75373). HUD believes that
informing the public on progress in
funded programs is in keeping with
presidential and congressional intent for
transparency in federally funded
programs, as demonstrated by the
passage of the Federal Funding
Accountability and Transparency Act of
2006 (Pub. L. 109–282), and creation of
the federal Web sites https://
www.ExpectMore.gov and https://
www.Results.gov.
3. HUD also intends to propose
Return on Investment (ROI) Statements
for each of its competitive grant
programs. Before finalizing ROI
Statements for implementation, HUD
will publish the proposed ROI
Statements for public comment. HUD
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believes the applicant/grantee
community can greatly assist HUD in its
attempt to place a value on the work
done under the Department’s grant
programs. While HUD expects grantees
to respond to the Management
Evaluation Questions in their final
reports, reporting on the ROI Statements
is not mandatory at this time. As HUD
finalizes ROI Statements for each
program, they will be included in
awards in the future. HUD intends to
publish the first ROI Statements for
public comment and input during
FY2007.
4. The logic model form (HUD–
96010), which is a Microsoft Excel
workbook, contains instructions in Tab
1 on how to use the form. The form or
eLogic Model incorporates a programspecific master list of statements of
need, service, or activity/output(s) and
their associated unit(s) of measure; and
outcome(s) and their associated unit(s)
of measure. Applicants will be required
to click on a cell within a column.
When you click on the cell, the dropdown button appears to the right of the
cell. Applicants can then select the
appropriate statement(s) to reflect their
proposed program. Applicants can
select multiple need(s) and services, or
activities/outputs and outcomes, but
each selection is entered in separate
cells using the drop-down menu. The
units of measure, whether for outputs or
outcomes, contain both a number and a
descriptor of the output or outcome that
is counted. Applicants select the unit of
measure in accordance with the output
or outcome selected, and then insert the
expected number of units to be
completed or achieved during the
period of performance. In this manner,
the applicant will build a custom logic
model reflecting their program of
activities. The custom logic model will
link the need(s) to the activity/output(s),
which in turn are linked to the result or
expected outcome(s).
5. Based upon experience gathered
from the logic models completed in
FY2006, HUD has made the following
changes to the logic model format:
a. Added drop-down menus for HUD
Strategic Goals and Policy Priorities to
eliminate applicant confusion as to
what letters and numbers to use for the
goals and priorities, and to improve data
quality;
b. Added tabs for Year 1, Year 2, and
Year 3 activities as well as a tab for
Total. HUD found that applicants within
a program had varying opinions or
interpretations on time frames for short,
intermediate, and long term. To provide
for greater consistency in reporting,
applicants should include all activities
and outcomes expected per year of the
period of performance. HUD also found
that applicants varied their use of the
short, intermediate, and long-term totals
so that it was difficult to distinguish if
long-term totals were cumulative or just
reflective of the activities performed
during the last reporting period. To
eliminate this problem, HUD has added
a Total tab so that cumulative projected
and final results can be shown covering
all years of the period of performance.
Applicants with a one-year period of
performance will only have to complete
the Year 1 tab, since the total results
will all occur in the one-year award
period.
c. Included a new tab for reporting
instructions. For the grantees’
convenience and to call attention to the
requirements, the logic model form now
contains reporting instructions. The
instructions ask applicants to identify in
their reports to HUD where actual
results deviated from projected results—
either positively or negatively. The
Reporting Instruction tab includes a text
field in which grantees can report any
deviations, as well as their responses to
the management questions. While these
changes to the form do not add
additional burden hours to the
information collection, HUD believes
that the changes will assist the applicant
in completing their logic model and
provide for better quality logic models
and reporting to HUD. The changes
were developed based on eLogic
ModelsTM received in FY2006 and
comments received from applicants
during the NOFA process. HUD will
continue to review data received via the
eLogic ModelsTM and would like to
thank the applicant/grantee community
for their recommendations and insights.
6. In FY2007, grantees must adhere to
the following reporting principles:
a. An evaluation process will be part
of the ongoing management of the HUDfunded award;
b. Comparisons will be made between
projected and actual numbers for
outputs and outcomes;
c. Deviations from projected outputs
and outcomes will be documented and
explained as part of required reporting;
and
d. Data will be analyzed to determine
the relationship of outputs to outcomes
to determine which outputs produce
which outcomes and which are most
effective.
As stated above, in FY2006, HUD
required each program to establish a set
of Program Management Evaluation
Questions for grantee reporting.
Grantees must use these questions to
self-evaluate the management and
performance of their program. HUD is
continuing this practice in FY2007. In
developing the master logic model
Program Management Evaluation
Questions, HUD trained its program
managers on the Carter-Richmond
Methodology, a critical thinking process
that identifies key management and
evaluation questions for HUD’s
programs. The following table identifies
the Carter-Richmond generic questions
and where the source data is found in
the logic model.
CARTER-RICHMOND METHODOLOGY: 1 BUILDING BLOCKS FOR EFFECTIVE MANAGEMENT
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Management questions
Logic model columns for source data
1. How many clients are you serving? .....................................................
2. How many units were provided? ..........................................................
3. Who are you serving? ..........................................................................
4. What services do you provide? ............................................................
5. What does it cost? ...............................................................................
6. What does it cost per service delivered? .............................................
7. What happens to the ‘‘subjects’’ as a result of the service? 2 .............
8. What does it cost per outcome? ..........................................................
9. What is the value of the outcome? ......................................................
10. What is the return on investment? .....................................................
Service/Activity/Output.
Service/Activity/Output.
Service/Activity/Output.
Service/Activity/Output.
Service/Activity/Output.
Service/Activity/Output/Evaluation.
Outcome
Outcome and Evaluation.
Outcome and Evaluation.
Evaluation.
1‘‘The Accountable Agency—How to Evaluate the Effectiveness of Pubic and Private Programs,’’ Reginald Carter, ISBN Number
9780978724924.
2The subject can be a client or a unit, such as a building, and is defined in its associated unit of service.
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As a result of this training, each
program has developed specific Program
Management Evaluation Questions
tailored to the statutory purpose of each
of their programs. Each program NOFA
will require applicants to address these
questions based upon the CarterRichmond Methodology in their reports
to HUD. The program NOFAs will
identify the particular questions to be
addressed that relate to the statutory
purpose and intent of each program.
Training on HUD’s logic model and
on the reporting requirements for
addressing the Program Management
Evaluation Questions will be provided
via satellite broadcast. The training will
also provide examples of how to
construct the logic model using the
drop-down lists in the eLogic Model.TM
Training materials and the dates for the
training will be on HUD’s Web site at
https://www.hud.gov/offices/adm/grants/
fundsavail.cfm, shortly after publication
of the SuperNOFA. In addition, each
program NOFA broadcast will address
the specific questions and reporting
requirements for the program.
Applicants should submit the
completed logic model as an attachment
to their application, in accordance with
the directions in the program NOFA for
addressing the factors for award. Each
program NOFA will identify if it
requires the factors for award, including
the logic model that is required as part
of the application submission, to be
submitted as a single attached file or as
separate files. Please follow the program
NOFA directions. Applicants must
submit the Logic Model in the Microsoft
Excel format provided. DO NOT convert
the file to PDF format.
After being selected for funding and
awarded funds, grantees will be
required to submit a completed form
HUD–96010, Logic Model, indicating
results achieved against the proposed
output(s) and proposed outcome(s)
stated in the grantee’s approved
application and agreed to by HUD. The
logic model and required management
questions must be submitted to HUD in
accord with the reporting periods
identified in each program NOFA for
providing reports to HUD.
7. Use of Form HUD–27061, Race and
Ethnic Data Reporting Form, to Report
Race and Ethnicity Data for
Beneficiaries of HUD Programs. HUD
requires grantees that provide HUD
program benefits to individuals or
families to report data on the race and
ethnicity of those receiving such
benefits. Grantees that provide benefits
to individuals during the period of
performance, whether directly, through
subrecipients, or through contractual
arrangements, must report the data
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using form HUD–27061, Race and
Ethnic Data Reporting Form, on
Grants.gov. The form is a data collection
based on the standards published by
OMB on August 13, 2002. The
individual program NOFAs will identify
applicable reporting requirements
related to each program. Applicants
reporting to HUD using an online
system can use that system to meet this
requirement, provided the data elements
and reports derived from the system are
equivalent to the data collection in the
form HUD–27061.
8. Frequency of Reports and Data
Consistency.
a. Logic Model Reporting. When
submitting eLogic ModelTM reports on a
quarterly or semi-annual basis, each
report should show the results that
occurred during that reporting period.
All final reports should provide a final
eLogic ModelTM performance for the
entire period of the award.
b. Race and Ethnic Data Report.
When submitting the Race and Ethnic
Data Reporting Form (HUD–27061) on a
quarterly or semi-annual basis, each
reporting period should show the
results that occurred during the
performance period for all active clients.
If a multi-year program is funded, then
each annual report should show results
that occurred during that performance
year for all active clients. A final form
HUD–27061 should show results for all
active clients for the entire period of
performance.
2415
assistance programs administered by the
agency. This law also requires the
Director of OMB to direct, coordinate,
and assist federal agencies in
establishing: (1) a common application
and reporting system and (2) an
interagency process for addressing ways
to streamline and simplify federal
financial assistance application and
administrative procedures as well as
reporting requirements for program
applicants. Over the last several years,
the Public Law 106–107 work groups
have been engaged in various
streamlining activities that are now
being shared with the grantee
community for their input prior to being
implemented across the federal
government. Applicants and grantees
are urged to participate in the listening
tour broadcasts sponsored by the Grants
Policy Council and the Public Law 106–
107 work groups and to become familiar
with the proposed changes to simplify
requirements at https://www.grants.gov/
aboutgrants/streamlining_initiatives.jsp.
A. Grants.gov and Public Law 106–107
Streamlining Activities
B. Grants.gov
The first segment of the Grants.gov
initiative focuses on allowing the public
to easily FIND competitive funding
opportunities and then APPLY via
Grants.gov. HUD posted all of its
funding opportunities on https://
www.grants.gov/applicants/
find_grant_opportunities.jsp in FY2004,
with the exception of Continuum of
Care, and in FY2005 placed all
applications on https://www.Grants.gov/
Apply, with the exception Continuum of
Care. In addition, Grants.gov is working
with the federal agencies to begin the
process of accepting mandatory and
formula grant program plans and
application submissions online via
Grants.gov. Applicants for HUD’s
formula and competitive programs are
urged to become familiar with the
Grants.gov site, registration procedures,
and electronic submissions so that as
the site is expanded, you will be
registered and familiar with the findand-apply functionality. The Grants.gov
Internet address for Finding Grant
Opportunities is https://www.grants.gov/
applicants/find_grant_opportunities.jsp.
The Grants.gov Internet address for
Applying for Grant Opportunities is
https://www.grants.gov/applicants/
apply_for_grants.jsp.
The Federal Financial Assistance
Management Improvement Act of 1999
(Pub. L. 106–107) directs each federal
agency to develop and implement a plan
that, among other things, streamlines
and simplifies the application,
administrative, and reporting
procedures for federal financial
C. HUD–IRS Memorandum of
Agreement
HUD and the IRS have entered into a
memorandum of agreement to provide
information to HUD grantees serving
low-income, disabled, and elderly
persons, as well as persons with limited
English proficiency, on the availability
VII. Agency Contact(s)
The individual program NOFAs will
identify the applicable agency contacts
related to each program. Questions
regarding this notice should be directed
to the NOFA Information Center
between the hours of 10 a.m. and 6:30
p.m. eastern time at (800) HUD–8929.
Persons with hearing or speech
impairments may access this number
via TTY by calling the Federal
Information Relay Service at (800) 877–
8339. (These are toll-free numbers.)
Questions regarding specific program
requirements should be directed to the
agency contacts identified in each
program NOFA.
VIII. Other Information
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of low-income housing tax credits, the
earned income tax credit, individual
development accounts, child tax credits,
and the IRS Voluntary Income Tax
Assistance program. HUD is making
available on its website information on
these IRS asset-building resources. HUD
encourages you to visit the site and
disseminate this information to lowincome residents in your community
and other organizations that serve lowincome residents, so that eligible
individuals can take advantage of these
resources.
D. Paperwork Reduction Act Statement
The information collection
requirements in this notice have been
approved by OMB under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). In accordance with the
Paperwork Reduction Act, HUD may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless the collection
displays a valid OMB control number.
Each program NOFA will identify its
applicable OMB control number.
E. Environmental Impact
A Finding of No Significant Impact
with respect to the environment has
been made for this notice, in accordance
with HUD regulations at 24 CFR part 50
that implement Section 102(2)(C) of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)). The
Finding of No Significant Impact is
available for public inspection between
8 a.m. and 5 p.m. eastern time, Monday
through Friday, except federal holidays,
in the Office of the General Counsel,
Regulations Division, Department of
Housing and Urban Development, 451
Seventh Street, SW., Room 10276,
Washington, DC 20410–0500.
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F. Executive Orders and Congressional
Intent
1. Executive Order 13132, Federalism.
Executive Order 13132 prohibits, to the
extent practicable and permitted by law,
an agency from promulgating policies
that have federalism implications and
either impose substantial direct
compliance costs on state and local
governments and are not required by
statute, or preempt state law, unless the
relevant requirements of Section 6 of the
executive order are met. This notice
does not have federalism implications
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and does not impose substantial direct
compliance costs on state and local
governments or preempt state law
within the meaning of the executive
order.
2. American-made Products. Sections
708 and 709 of the Transportation,
Treasury, Housing and Urban
Development, the Judiciary, and
Independent Agencies Appropriations
Act, 2006 (Pub. L. 109–115; approved
Nov. 30, 2005) states that, to the greatest
extent practicable, all equipment and
products purchased with funds made
available should be made in the United
States.
G. Public Access, Documentation, and
Disclosure
Section 102 of the Department of
Housing and Urban Development
Reform Act of 1989 (HUD Reform Act)
(42 U.S.C. 3545) and the regulations
codified at 24 CFR part 4, subpart A,
contain a number of provisions that are
designed to ensure greater
accountability and integrity in the
provision of certain types of assistance
administered by HUD. On January 14,
1992, HUD published a notice that also
provides information on the
implementation of Section 102 (57 FR
1942). The documentation, public
access, and disclosure requirements of
Section 102 apply to assistance awarded
under individual NOFAs published as
part of HUD’s SuperNOFA or thereafter,
as described below.
1. Documentation, Public Access, and
Disclosure Requirements. HUD will
ensure that documentation and other
information regarding each application
submitted pursuant to its FY2007
NOFAs, whether published in the 2007
SuperNOFA or in NOFAs published
thereafter, are sufficient to indicate the
basis upon which assistance was
provided or denied. This material,
including any letters of support, will be
made available for public inspection for
a 5-year period beginning not less than
30 days after the award of the
assistance. Material will be made
available in accordance with the
Freedom of Information Act (5 U.S.C.
552) and HUD’s implementing
regulations (24 CFR part 15).
2. Form HUD–2880, ‘‘Applicant/
Recipient Disclosure/Update Report’’
(‘‘HUD Applicant Recipient Disclosure
Report’’ on Grants.gov). HUD will also
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make available to the public for 5 years
all applicant disclosure reports (form
HUD–2880) submitted in connection
with an FY2007 NOFA. Update reports
(also reported on form HUD–2880) will
be made available along with the
applicant disclosure reports, but in no
case for a period of less than 3 years. All
reports, both applicant disclosures and
updates, will be made available in
accordance with the Freedom of
Information Act (5 U.S.C. 552) and
HUD’s implementing regulations (24
CFR part 5).
3. Publication of Recipients of HUD
Funding. HUD’s regulations at 24 CFR
part 4 provide that HUD will publish a
notice in the Federal Register to notify
the public of all funding decisions made
by the Department to provide:
a. Assistance subject to Section 102(a)
of the HUD Reform Act; and
b. Assistance provided through grants
or cooperative agreements on a
discretionary (non-formula, nondemand) noncompetitive basis.
H. Section 103 of the HUD Reform Act
HUD’s regulations implementing
Section 103 of the HUD Reform Act,
codified at 24 CFR part 4, subpart B,
apply to this funding competition. The
regulations continue to apply until the
announcement of the selection of
successful applicants. HUD employees
involved in the review of applications
and in the making of funding decisions
are prohibited by the regulations from
providing advance information to any
person (other than an authorized
employee of HUD) concerning funding
decisions or from otherwise giving any
applicant an unfair competitive
advantage. Persons who apply for
assistance should confine their inquiries
to the subject areas permitted under 24
CFR part 4.
Applicants or employees who have
ethics-related questions should contact
the HUD Ethics Law Division at (202)
708–3815 (this is not a toll-free
number). The toll-free TTY number for
persons with speech or hearing
impairments is (800) 877–8339. HUD
employees who have specific program
questions should contact the
appropriate field office counsel or
Headquarters counsel for the program to
which the question pertains.
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[FR Doc. 07–131 Filed 1–17–07; 8:45 am]
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BILLING CODE 4210–67–P
Agencies
[Federal Register Volume 72, Number 11 (Thursday, January 18, 2007)]
[Notices]
[Pages 2396-2420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-131]
[[Page 2395]]
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Part III
Department of Housing and Urban Development
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Notice of HUD's Fiscal Year (FY) 2007 Notice of Funding Availability
(NOFA); Policy Requirements and General Section to the FY2007 SuperNOFA
for HUD's Discretionary Programs; Notice
Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 /
Notices
[[Page 2396]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5100-N-01]
Notice of HUD's Fiscal Year (FY) 2007 Notice of Funding
Availability (NOFA) Policy Requirements and General Section to the
FY2007 SuperNOFA for HUD's Discretionary Programs
AGENCY: Office of the Secretary, HUD.
ACTION: Notice of HUD's FY2007 NOFA Policy Requirements and General
Section to the FY2007 SuperNOFA for HUD's Discretionary Programs
(notice).
-----------------------------------------------------------------------
SUMMARY: This notice provides prospective applicants for HUD
competitive funding with the opportunity to become familiar with the
General Section of HUD's FY2007 SuperNOFA, in advance of publication of
the FY2007 SuperNOFA. HUD plans to publish its annual SuperNOFA early
in 2007. Early publication of the General Section is one of several
steps instituted to improve the funding process for the grantee
community. Early publication of the General Section gives prospective
applicants additional time to become familiar with and address
provisions in the General Section, which constitute part of almost
every individual program application. HUD will publish with the
SuperNOFA any changes to this General Section made after today's
publication.
HUD will continue to require that applicants submit their
applications electronically via Grants.gov. To submit an application
via Grants.gov, new users will be required to complete a five-step
registration process, which can take 2 to 4 weeks to complete. The
process includes ensuring that information provided by your
organization to Dun and Bradstreet (D&B) matches information previously
provided by your organization and contained in Internal Revenue Service
(IRS) records. If there is a discrepancy in the information, the
registration cannot be completed until discrepancy issues are resolved.
Applicants that are already registered have to update the information
previously provided in the Central Contractor Registration (CCR).
During the update process, the CCR will check the D&B information
against the IRS records for your organization. If there are
discrepancies, the update cannot be completed until the discrepancies
are resolved. Please allow adequate time to resolve any registration
issues. To submit an application to HUD, the Authorized Organization
Representative (AOR) must be able to make a legally binding agreement
for the organizational entity. Please see detailed registration
instructions in Section IV.B. of this notice.
For FY2007, the Continuum of Care applications are the lone
SuperNOFA paper applications that HUD will accept without first
granting a waiver. Continuum of Care applicants should be aware that
HUD intends to have the Continuum of Care applicants applying via
Grants.gov no later than FY2008. Therefore, it is in the interest of
Continuum of Care applicants to complete the Grants.gov registration
process in anticipation of moving to electronic application submission
in 2008. Continuum of Care agencies would benefit from becoming
familiar with the Grants.gov filing requirements so that they do not
limit their ability to apply for funding from federal sources. HUD
recommends that all prospective applicants take the time to carefully
read the Federal Register notice published on October 31, 2006,
entitled ``Notice of Opportunity to Register Early and other Important
Information for Electronic Application Submission via Grants.gov'' and
register prior to the publication of the Program Sections of the FY2007
SuperNOFA. The early registration notice can be found on HUD's Web site
at https://www.hud.gov/offices/adm/grants/fundsavail.cfm.
FOR FURTHER INFORMATION CONTACT: Office of Departmental Grants
Management and Oversight, Office of Administration, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 3156,
Washington, DC 20410-5000; telephone number (202) 708-0667. Persons
with hearing or speech impairments may access this number via TTY by
calling the Federal Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION: Each year, HUD strives to improve its
competitive funding process. In FY 2005, HUD successfully migrated a
majority of its funding opportunities to electronic application
submission. In FY 2006, over 99 percent of applicants successfully
submitted applications electronically for HUD's grant programs. While a
majority of HUD's applicants were able to make the transition to
electronic government, HUD wants to enable all applicants to make the
transition. To ease concerns, HUD has developed a Desktop User Guide
for Submitting Electronic Grant Applications. The user guide provides
step-by-step details and screen shots of the entire registration and
application submission process, including troubleshooting application
submission errors. HUD updates the guide regularly and it is available
at https://www.hud.gov/offices/adm/grants/deskuserguide.pdf.
In addition, HUD's Early Registration Notice provides step-by-step
instructions for applicants who must register with Grants.gov and also
provides renewal instructions for those who have previously registered.
The renewal instructions are simple and easy to follow, but must be
completed before an applicant's registration in the CCR expires.
Failure to update the registration in the CCR will require an applicant
to go through the entire registration process again. As part of the CCR
renewal process, CCR checks the information provided to Dun and
Bradstreet (D&B) against IRS records. If a discrepancy in the
information is found, the applicant must correct the discrepancy before
the renewal process can be completed. Applicants are urged to check the
information they provided to D&B, CCR, and the IRS to ensure
consistency. HUD believes that early publication of the General Section
is beneficial to prospective applicants by providing advance notice of
the Department's threshold requirements, strategic goals, policy
priorities, and other comprehensive requirements that are applicable to
almost every individual NOFA that comprises the SuperNOFA. The General
Section, as in the past, is structured to refer the reader to the
individual program NOFAs. Although the program NOFAs are not being
published at this time, the references are retained. This way, when the
Program Sections of the FY2007 SuperNOFA are published, they will be
fully reconciled with the General Section, as has been the case since
1998 when the SuperNOFA was first published. Applicants interested in
receiving e-mail notification of the availability of the program
sections should go to https://www.grants.gov/applicants/email_
subscription.jsp and sign up for e-mail notification of funding
opportunities. By doing so, you will receive an e-mail as soon as the
program NOFA portion of the SuperNOFA is available on Grants.gov.
It is HUD's intent to have every applicant (the exception being
Continuum of Care applicants who will still be submitting paper
applications in FY 2007) successfully submit an electronic application
via Grants.gov in FY 2007. You can help HUD improve its outreach and
program NOFAs by providing feedback on ways it can improve the
SuperNOFA process. Please note that each application contains a ``You
Are Our Client'' survey questionnaire. HUD requests that you respond to
this survey to let the Department know what improvements
[[Page 2397]]
have been beneficial and to share your ideas on where improvements can
continue to be made. HUD carefully considers the comments received from
its clients and continually strives to improve each year's SuperNOFA
and its funding process. This publication includes a list of programs
anticipated to be in the FY2007 SuperNOFA, subject to the availability
of funds. The program NOFA portion of the SuperNOFA will include any
changes made to this listing and provide projected funding available
and application deadline dates.
HUD hopes that the steps that it has taken to provide information
early in the FY2007 funding process and SuperNOFA requirements will be
of benefit to you, our applicants.
Dated: January 4, 2007.
Roy A. Bernardi,
Deputy Secretary.
Overview Information
A. Federal Agency Name: Department of Housing and Urban Development
(HUD), Office of the Secretary.
B. Funding Opportunity Title: Policy requirements applicable to all
HUD NOFAs published during FY2007.
C. Announcement Type: Initial announcement of the general policy
requirements that apply to all HUD federal financial assistance NOFAs
for FY2007 issued simultaneous with or after the publication of this
notice.
D. Funding Opportunity Number: FR 5100-N-01.
E. Catalog of Federal Domestic Assistance (CFDA) Number: A CFDA
number is provided for each HUD federal financial assistance program.
When using ``Apply Step 1'' on the Grants.gov Web site to download an
application, you will be asked for the CFDA number. Please refer to the
program NOFA for the CFDA number assigned to the program(s) for which
you wish to apply. Use only the CFDA number, the Funding Competition
Identification Number, OR the Funding Opportunity Number when using the
search feature on Grants.gov. Using more than one of these items will
result in an error message indicating that the opportunity cannot be
found.
F. Dates: The deadline dates that apply to the federal financial
assistance made available through HUD's FY2007 SuperNOFA will be found
in the program NOFAs contained in the published SuperNOFA. HUD is
currently operating under a Continuing Resolution and it is expected
that appropriations for FY2007 will be enacted soon. Appendix A to this
General Section lists the programs that were included in the FY2006
SuperNOFA. This list should not be understood as a final or
comprehensive list of the programs that will be published in the FY2007
SuperNOFA. For example, the Youthbuild program, which was included in
the FY2006 SuperNOFA, was transferred to the United States Department
of Labor on September 22, 2006 in accordance with Public Law 109-281
and will not be included in the FY2007 SuperNOFA. Additionally, FY2007
appropriations, when enacted, may result in other changes to the list
of programs issued for FY2007. When published, the SuperNOFA will
contain a revised Appendix A to the General Section providing the final
list of programs included in the SuperNOFA, funds available under each
funding opportunity, and key deadline dates. The contents of Appendix A
will be based upon the enacted appropriations.
G. Additional Overview Content Information: Unless otherwise
stated, HUD's general policy requirements set forth in this notice
apply to all HUD federal financial assistance made available through
HUD's FY2007 NOFAs. These policies cover those NOFAs issued through the
FY2007 SuperNOFA, and those NOFAs issued after publication of the
SuperNOFA.
Full Text of Announcement
I. Funding Opportunity Description
This notice describes HUD's FY2007 policy requirements applicable
to all of HUD's NOFAs published in FY2007. Each such NOFA will contain
a description of the specific requirements for the program for which
funding is made available and each will refer to applicable policies
described in this General Section. Each program NOFA will also describe
additional procedures and requirements that apply to the individual
program NOFA, including a description of the eligible applicants,
eligible activities, threshold requirements, factors for award, and any
additional program requirements or limitations. To adequately address
all of the application requirements for any program for which you
intend to apply, please carefully read and respond to both this General
Section and the individual program NOFAs.
Authority. HUD's authority for making funding available under its
FY2007 programs is identified in each program NOFA under this section
of the General Section.
II. Award Information
Funding Available. Each program NOFA will identify the estimated
amount of funds available in FY2007 based on available appropriations
plus funds from previous years available for award in FY2007. Appendix
A to this notice contains a chart of the programs that were included in
the FY2006 SuperNOFA. This list should not be understood as a final or
comprehensive list of the programs that will be published in the FY2007
SuperNOFA. For example, the Youthbuild program, which was included in
the FY2006 SuperNOFA, was transferred to the United States Department
of Labor on September 22, 2006 in accordance with Public Law 109-281
and will not be included in the FY2007 SuperNOFA. Additionally, FY2007
appropriations, when enacted, may result in other changes to the list
of programs issued for FY2007. When published, the SuperNOFA will
contain a revised Appendix A to the General Section providing the final
list of programs included in the SuperNOFA, funds available under each
funding opportunity, and key deadline dates. The contents of Appendix A
will be based upon the enacted appropriations. Note that additional
program NOFAs may be published separately from the FY2007 SuperNOFA.
III. Eligibility Information
A. Eligible Applicants
The individual program NOFAs describe the eligible applicants and
eligible activities for each program.
B. Cost Sharing or Matching
The individual program NOFAs describe the applicable cost sharing,
matching requirements, or leveraging requirements related to each
program, if any. Although matching or cost sharing may not be required,
HUD programs often encourage applicants to leverage grant funds with
other funding in order to receive higher rating points.
C. Other Requirements and Procedures Applicable to All Programs
Except as may be modified in the individual program NOFAs, the
requirements, procedures, and principles listed below apply to all HUD
programs in FY2007 for which funding is announced by NOFA and published
in the Federal Register. Please read the individual program NOFAs for
additional requirements and information.
1. Statutory and Regulatory Requirements. To be eligible for
funding under HUD NOFAs issued during FY2007, applicants must meet all
statutory and regulatory requirements applicable to the program or
programs
[[Page 2398]]
for which they seek funding. Applicants requiring program regulations
may obtain them from the NOFA Information Center or through HUD's
Grants Web site at https://www.hud.gov/offices/adm/grants/
fundsavail.cfm. See the individual program NOFAs for instructions on
how HUD will respond to proposed activities that are ineligible.
2. Threshold Requirements
a. Ineligible Applicants. HUD will not consider an application from
an ineligible applicant.
b. Dun and Bradstreet Data Universal Numbering System (DUNS) Number
Requirement. All applicants seeking funding directly from HUD must
obtain a DUNS number and include the number in its Application for
Federal Assistance submission. Failure to provide a DUNS number will
prevent you from obtaining an award, regardless of whether it is a new
award or renewal of an existing one. This policy is pursuant to the
Office of Management and Budget (OMB) policy issued in the Federal
Register on June 27, 2003 (68 FR 38402). HUD published its regulation
implementing the DUNS number requirement on November 9, 2004 (69 FR
65024). A copy of the OMB Federal Register notice and HUD's regulation
implementing the DUNS number can be found on HUD's Web site at
www.hud.gov/offices/adm/grants/duns.cfm.
c. Compliance with Fair Housing and Civil Rights Laws
(1) With the exception of federally recognized Indian tribes and
their instrumentalities, applicants must comply with all applicable
fair housing and civil rights requirements in 24 CFR 5.105(a). If you
are a federally recognized Indian tribe, you must comply with the
nondiscrimination provisions enumerated at 24 CFR 1000.12, as
applicable. In addition to these requirements, there may be program-
specific threshold requirements identified in the individual program
NOFAs.
(2) If you, the applicant:
(a) Have been charged with an ongoing systemic violation of the
Fair Housing Act; or
(b) Are a defendant in a Fair Housing Act lawsuit filed by the
Department of Justice alleging an ongoing pattern or practice of
discrimination; or
(c) Have received a letter of findings identifying ongoing systemic
noncompliance under Title VI of the Civil Rights Act of 1964, Section
504 of the Rehabilitation Act of 1973, or Section 109 of the Housing
and Community Development Act of 1974, and the charge, lawsuit, or
letter of findings referenced in subparagraphs (a), (b), or (c) above
has not been resolved to HUD's satisfaction before the application
deadline, then you are ineligible and HUD will not rate and rank your
application. HUD will determine if actions to resolve the charge,
lawsuit, or letter of findings taken before the application deadline
are sufficient to resolve the matter.
Examples of actions that would normally be considered sufficient to
resolve the matter include, but are not limited to:
(i) A voluntary compliance agreement signed by all parties in
response to a letter of findings;
(ii) A HUD-approved conciliation agreement signed by all parties;
(iii) A consent order or consent decree; or
(iv) An issuance of a judicial ruling or a HUD Administrative Law
Judge's decision.
d. Conducting Business in Accordance with Core Values and Ethical
Standards/Code of Conduct. Applicants subject to 24 CFR parts 84 and 85
(most nonprofit organizations and state, local, and tribal governments
or government agencies or instrumentalities that receive federal awards
of financial assistance) are required to develop and maintain a written
code of conduct (see 24 CFR 84.42 and 85.36(b)(3)). Consistent with
regulations governing specific programs, your code of conduct must
prohibit real and apparent conflicts of interest that may arise among
officers, employees, or agents; prohibit the solicitation and
acceptance of gifts or gratuities by your officers, employees, or
agents for their personal benefit in excess of minimal value; and
outline administrative and disciplinary actions available to remedy
violations of such standards. Before entering into an agreement with
HUD, an applicant awarded assistance under a HUD program NOFA announced
in FY2007 will be required to submit a copy of its code of conduct and
describe the methods it will use to ensure that all officers,
employees, and agents of its organization are aware of its code of
conduct. An applicant is prohibited from receiving an award of funds
from HUD if it fails to meet this requirement for a code of conduct. An
applicant who submitted an application during FY2005 or FY2006 and
included a copy of its code of conduct will not be required to submit
another copy if the applicant is listed on HUD's Web site https://
www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm and if
the information has not been revised. An applicant not listed on the
above website must submit a copy of its code of conduct with their
FY2007 application for assistance. An applicant must also include a
copy of its code of conduct if the information listed on the above
website has changed (e.g., the person who submitted the previous
application is no longer your authorized organization representative,
the organization has changed its legal name or merged with another
organization, or the address of the organization has changed, etc.).
Any applicant that needs to may submit its code of conduct to HUD via
facsimile using the form HUD-96011, ``Facsimile Transmittal'' (``Third
Party Documentation Facsimile Transmittal'' on Grants.gov) at the time
of application submission. When using the facsimile transmittal form,
please type the requested information. Use the HUD-96011 as the cover
page to the submission and include the following header in the top line
of the form under ``Name of Document Being Requested:'' ``Code of
Conduct for (insert your organization's name, city, and state).'' Fax
the information to HUD's toll-free number at (800) HUD-1010. If you
cannot access an 800 number or have problems, you may use (215) 825-
8798 (this is not a toll-free number). HUD updates its code of conduct
website annually before publishing the SuperNOFA. Therefore, applicants
that submitted codes of conduct in FY2006 will find that their
information has been updated and is available online for the FY2007
application submission time frame.
e. Delinquent Federal Debts. Consistent with the purpose and intent
of 31 U.S.C. 3720B and 28 U.S.C. 3201(e), HUD will not award federal
funds to an applicant that has an outstanding delinquent federal debt
unless: (1) the delinquent account is paid in full, (2) a negotiated
repayment schedule is established and the repayment schedule is not
delinquent, or (3) other arrangements satisfactory to HUD are made
prior to the deadline date.
f. Pre-Award Accounting System Surveys. HUD may arrange for a pre-
award survey of the applicant's financial management system if the
recommended applicant has no prior federal support, if HUD's program
officials have reason to question whether the applicant's financial
management system meets federal financial management standards, or if
the applicant is considered a high risk based upon past performance or
financial management findings. HUD will not disburse funds to any
applicant that does not have a financial management system that meets
federal standards. (Please see 24 CFR part 84.21 if you are an
institution of higher
[[Page 2399]]
education, hospital, or other nonprofit organization. See 24 CFR part
85.20 if you are a state, local government, or federally recognized
Indian tribe).
g. Name Check Review. Applicants are subject to a name check review
process. Name checks are intended to reveal matters that significantly
reflect on the applicant's management and financial integrity,
including if any key individual has been convicted or is presently
facing criminal charges. If the name check reveals significant adverse
findings that reflect on the business integrity or responsibility of
the applicant or any key individual, HUD reserves the right to: (1)
Deny funding or consider suspension or termination of an award
immediately for cause, (2) require the removal of any key individual
from association with management or implementation of the award, and
(3) make appropriate provisions or revisions with respect to the method
of payment or financial reporting requirements.
h. False Statements. A false statement in an application is grounds
for denial or termination of an award and possible punishment as
provided in 18 U.S.C. 1001.
i. Prohibition Against Lobbying Activities. Applicants are subject
to the provisions of Section 319 of Public Law 101-121 (approved
October 23, 1989) (31 U.S.C. 1352) (the Byrd Amendment), which
prohibits recipients of federal contracts, grants, or loans from using
appropriated funds for lobbying the executive or legislative branches
of the federal government in connection with a specific contract,
grant, or loan. In addition, applicants must disclose, using Standard
Form LLL (SF-LLL), ``Disclosure of Lobbying Activities,'' any funds,
other than federally appropriated funds, that will be or have been used
to influence federal employees, members of Congress, or congressional
staff regarding specific grants or contracts. Federally recognized
Indian tribes and tribally designated housing entities (TDHEs)
established by federally recognized Indian tribes as a result of the
exercise of the tribe's sovereign power are excluded from coverage of
the Byrd Amendment, but state-recognized Indian tribes and TDHEs
established only under state law must comply with this requirement.
Applicants must submit the SF-LLL if they have used or intend to use
federal funds for lobbying activities.
j. Debarment and Suspension. In accordance with 24 CFR part 24, no
award of federal funds may be made to applicants that are presently
debarred or suspended, or proposed to be debarred or suspended, from
doing business with the federal government.
3. Other Threshold Requirements. The individual program NOFAs for
which you are applying may specify other threshold requirements.
Additional threshold requirements may be identified in the discussion
of ``eligibility'' requirements in the individual program NOFAs. If a
program NOFA requires a certification of consistency with the
Consolidated Plan and the applicant fails to provide a certification,
and such failure is not cured as a technical deficiency, HUD will not
fund the application. If HUD is provided a signed certification
indicating consistency with the area's approved Consolidated Plan and
HUD finds that the activities are not consistent with the Consolidated
Plan, HUD will not fund the inconsistent activities or will deny
funding the application if a majority of the activities are not
consistent with the approved Consolidated Plan. The determination not
to fund an activity or to deny funding may be determined by a number of
factors, including the number of activities being proposed, the impact
of the elimination of the activities on the proposal, or the percent of
the budget allocated to the proposed activities.
4. Additional Nondiscrimination and Other Requirements. Applicants
and their subrecipients must comply with:
a. Civil Rights Laws, including the Americans with Disabilities Act
of 1990 (42 U.S.C. 1201 et seq.), the Age Discrimination Act of 1974
(42 U.S.C. 6101 et seq.), and Title IX of the Education Amendments Act
of 1972 (20 U.S.C. 1681 et seq.).
b. Affirmatively Furthering Fair Housing. Under Section 808(e)(5)
of the Fair Housing Act, HUD has a statutory duty to affirmatively
further fair housing. HUD requires the same of its funding recipients.
If you are a successful applicant, you will have a duty to
affirmatively further fair housing opportunities for classes protected
under the Fair Housing Act. Protected classes include race, color,
national origin, religion, sex, disability, and familial status. Unless
otherwise instructed in the individual program NOFA, your application
must include specific steps to:
(1) Overcome the effects of impediments to fair housing choice that
were identified in the jurisdiction's Analysis of Impediments (AI) to
Fair Housing Choice;
(2) Remedy discrimination in housing; and
(3) Promote fair housing rights and fair housing choice.
Further, you, the applicant, have a duty to carry out the specific
activities provided in your responses to the individual program NOFA
rating factors that address affirmatively furthering fair housing.
These requirements apply to all HUD programs announced via a NOFA,
unless specifically excluded in the individual program NOFA.
c. Economic Opportunities for Low- and Very Low-Income Persons
(Section 3). Certain programs to be issued during FY2007 require
recipients of assistance to comply with Section 3 of the Housing and
Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u (Economic
Opportunities for Low- and Very Low-Income Persons in Connection with
Assisted Projects), and the HUD regulations at 24 CFR part 135,
including the reporting requirements at subpart E. Section 3 requires
recipients to ensure, to the greatest extent feasible, that training,
employment, and other economic opportunities will be directed to low-
and very-low income persons, particularly those who are recipients of
government assistance for housing, and to business concerns that
provide economic opportunities to low- and very low-income persons in
the area in which the project is located. Review the individual program
NOFAs to determine if Section 3 applies to the program for which you
are seeking funding. Applicants required to comply with Section 3
requirements must report annually using form HUD-60002 or HUD's online
system at https://www.hud.gov/offices/fheo/system/index.cfm.
Copies of form HUD-60002 are available on HUDClips at https://
www.hudclips.org/sub_nonhud/html/nph-
brs.cgi?d=FRMS&s1=hud-
6$[no]&op1=AND&SECT1=TXTHLB&SECT5=FRMS&u=./
forms.htm&p=1&r=3&f=G.
d. Ensuring the Participation of Small Businesses, Small
Disadvantaged Businesses, and Women-Owned Businesses. HUD is committed
to ensuring that small businesses, small disadvantaged businesses, and
women-owned businesses participate fully in HUD's direct contracting
and in contracting opportunities generated by HUD financial assistance.
Too often, these businesses still experience difficulty in accessing
information and in successfully bidding on federal contracts. State,
local, and tribal governments are required by 24 CFR 85.36(e) and
nonprofit recipients of assistance (grantees and sub-grantees) by 24
CFR 84.44(b) to take all necessary affirmative steps in contracting for
the purchase of goods or services to assure that minority firms,
women's business enterprises, and labor surplus area firms
[[Page 2400]]
are used whenever possible or as specified in the individual program
NOFAs.
e. Real Property Acquisition and Relocation. HUD-assisted programs
or projects are subject to the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (Uniform Act or
URA) (42 U.S.C. 4601), and the government-wide implementing regulations
issued by the U.S. Department of Transportation at 49 CFR part 24. The
Uniform Act's protections and assistance apply to acquisitions of real
property and displacements resulting from the acquisition,
rehabilitation, or demolition of real property for federal or federally
assisted programs or projects. With certain limited exceptions, real
property acquisitions for a HUD-assisted program or project must comply
with 49 CFR part 24, subpart B. Real property acquisitions conducted
without the threat or use of eminent domain, commonly referred to as
``voluntary acquisitions,'' must satisfy the applicable requirements of
49 CFR 24.101(b)(1) through (5) to be exempt from the URA's acquisition
policies. Evidence of compliance with these requirements must be
maintained by the recipient. The URA's relocation requirements remain
applicable to any tenant(s) who are displaced by an acquisition and who
meet the requirements of 49 CFR 24.101(b)(1) through (5).
The relocation requirements of the Uniform Act, and its
implementing regulations at 49 CFR part 24, cover any person who moves
permanently from real property or moves personal property from real
property as a direct result of acquisition, rehabilitation, or
demolition for a program or project receiving HUD assistance. While
there are no statutory provisions for ``temporary relocation'' under
the URA, the URA regulations recognize that there are circumstances
where a person will not be permanently displaced but may need to be
moved from a project for a short period of time. Appendix A of the URA
regulation (49 CFR 24.2(a)(9)(ii)(D)) explains that any tenant who has
been temporarily relocated for a period beyond one year must be
contacted by the displacing agency and offered URA relocation
assistance. Some HUD program regulations provide additional protections
for temporarily relocated tenants. For example, 24 CFR 583.310(f)(1)
provides guidance on temporary relocation for the Supportive Housing
program for the homeless. Before planning their project, applicants
should review the regulations for the programs for which they are
applying. The URA does not apply to displacements resulting from the
demolition or disposition of public housing covered by Section 18 of
the United States Housing Act of 1937.
Additional information and resources pertaining to real property
acquisition and relocation for HUD-funded programs and projects are
available on HUD's Real Estate Acquisition and Relocation Web site at
https://www.hud.gov/relocation. You will find applicable laws and
regulations, policy and guidance, publications, training resources, and
a listing of HUD contacts if you have questions or need assistance.
f. Executive Order 13166, ``Improving Access to Services for
Persons with Limited English Proficiency (LEP).'' Executive Order 13166
seeks to improve access to federally assisted services, programs, and
benefits for individuals with limited English proficiency. Applicants
obtaining an award from HUD must seek to provide access to program
benefits and information to LEP individuals through translation and
interpretive services in accordance with LEP guidance published on
December 19, 2003 (68 FR 70968). HUD expects final guidance to be
published in January 2007. For assistance and information regarding
your LEP obligation, go to https://www.lep.gov.
g. Executive Order 13279, ``Equal Protection of the Laws for Faith-
Based and Community Organizations.'' HUD is committed to full
implementation of Executive Order 13279. The Executive Order
established fundamental principles and policymaking criteria to guide
federal agencies in formulating and developing policies that have
implications for faith-based and community organizations to ensure the
equal protection for these organizations in social service programs
receiving federal financial assistance. Consistent with this order, HUD
has undertaken a review of all policies and regulations that have
implications for faith-based and community organizations and has
established a policy priority to provide full and equal access to
grassroots faith-based and other community organizations in HUD program
implementation. HUD revised its program regulations in 2003 and 2004 to
remove the barriers by participation of faith-based organizations in
HUD funding programs (68 FR 56396, September 30, 2003; 69 FR 41712,
July 9, 2004; and 69 FR 62164, October 22, 2004). Copies of the
regulatory changes can be found at https://www.hud.gov/offices/
adm/grants/fundsavail.cfm.
h. Accessible Technology. Section 508 of the Rehabilitation Act
(Section 508) requires HUD and other federal departments and agencies
to ensure, when developing, procuring, maintaining, or using electronic
and information technology (EIT), that the EIT allow, regardless of the
type of medium of technology, persons with disabilities to access and
use information and data on a comparable basis as is made available to
and used by persons without disabilities. Section 508's coverage
includes, but is not limited to, computers (hardware, software, word
processing, email, and Internet sites), facsimile machines, copiers,
and telephones. Among other things, Section 508 requires that unless an
undue burden would result to the federal department or agency, EIT must
allow individuals with disabilities who are federal employees or
members of the public seeking information or services to have access to
and use information and data on a comparable basis as that made
available to employees and members of the public who are not disabled.
Where an undue burden exists to the federal department or agency,
alternative means may be used to allow a disabled individual use of the
information and data. Section 508 does not require that information
services be provided at any location other than a location at which the
information services are generally provided. HUD encourages its funding
recipients to adopt the goals and objectives of Section 508 by
ensuring, whenever EIT is used, procured, or developed, that persons
with disabilities have access to and use of the information and data
made available through the EIT on a comparable basis as is made
available to and used by persons without disabilities. This does not
affect recipients' required compliance with Section 504 of the
Rehabilitation Act and, where applicable, the Americans with
Disabilities Act.
i. Procurement of Recovered Materials. State agencies and agencies
of a political subdivision of a state that are using assistance under a
HUD program NOFA for procurement, and any person contracting with such
an agency with respect to work performed under an assisted contract,
must comply with the requirements of Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act.
In accordance with Section 6002, these agencies and persons must
procure items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a
satisfactory level of
[[Page 2401]]
competition, where the purchase price of the item exceeds $10,000 or
the value of the quantity acquired in the preceding fiscal year
exceeded $10,000; must procure solid waste management services in a
manner that maximizes energy and resource recovery; and must have
established an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
j. Participation in HUD-Sponsored Program Evaluation. As a
condition of the receipt of financial assistance under a HUD program
NOFA, all successful applicants will be required to cooperate with all
HUD staff or contractors who perform HUD-funded research or evaluation
studies.
k. Executive Order 13202, ``Preservation of Open Competition and
Government Neutrality Towards Government Contractors'' Labor Relations
on Federal and Federally Funded Construction Projects.'' Compliance
with HUD regulations at 24 CFR 5.108 that implement Executive Order
13202 is a condition of receipt of assistance under a HUD program NOFA.
l. Salary Limitation for Consultants. Unless specifically
authorized by law, FY2007 funds may not be used to pay or to provide
reimbursement for payment of the salary of a consultant, whether
retained by the federal government or the grantee, at a rate more than
the equivalent of the high pay for members of the Senior Executive
Service (SES). For information on Executive Pay Band levels, please see
the Office of Personnel Management (OPM) Web site at https://
www.opm.gov/oca/06tables/html/es.asp.
m. OMB Circulars and Government-wide Regulations Applicable to
Financial Assistance Programs. Certain OMB Circulars also apply to HUD
programs in the SuperNOFA. The policies, guidance, and requirements of
OMB Circulars A-87 (Cost Principles Applicable to Grants, Contracts and
Other Agreements with State and Local Governments), A-21 (Cost
Principles for Education Institutions), A-122 (Cost Principles for
Nonprofit Organizations), A-133 (Audits of States, Local Governments,
and Non-Profit Organizations), and the regulations at 24 CFR part 84
(Grants and Agreements with Institutions of Higher Education,
Hospitals, and other Non-Profit Organizations), and 24 CFR part 85
(Administrative Requirements for Grants and Cooperative Agreements to
State, Local, and Federally Recognized Indian Tribal Governments), may
apply to the award, acceptance, and use of assistance under the
individual program NOFAs of the SuperNOFA, and to the remedies for
noncompliance, except when inconsistent with the provisions of HUD's
appropriations act for FY2007, other federal statutes or regulations,
or the provisions of this notice. Compliance with additional OMB
circulars or government-wide regulations may be specified for a
particular program in the Program Section of the SuperNOFA. Copies of
the OMB circulars may be obtained from Executive Office of the
President Publications, New Executive Office Building, Room 2200,
Washington, DC 20503; telephone (202) 395-3080 (this is not a toll-free
number) or (800) 877-8339 (toll-free TTY Federal Information Relay
Service); or from the following Web site: https://www.whitehouse.gov/
omb/circulars/.
n. Environmental Requirements. If you become a recipient under a
HUD program that assists in physical development activities or property
acquisition, you are generally prohibited from acquiring,
rehabilitating, converting, demolishing, leasing, repairing, or
constructing property, or committing or expending HUD or non-HUD funds
for these types of program activities, until one of the following has
occurred:
(1) HUD has completed an environmental review in accordance with 24
CFR part 50; or
(2) For programs subject to 24 CFR part 58, HUD has approved a
recipient's Request for Release of Funds (form HUD-7015.15) following a
Responsible Entity's completion of an environmental review.
You, the applicant, should consult the individual program NOFA for
any program for which you are interested in applying to determine the
procedures for, timing of, and any modifications or exclusions from
environmental review under a particular program. For applicants
applying for funding under the Section 202 Supportive Housing for the
Elderly program or Section 811 Supportive Housing for Persons with
Disabilities program, please note the environmental review requirements
for these programs.
o. Conflicts of Interest. If you are a consultant or expert who is
assisting HUD in rating and ranking applicants for funding under the
SuperNOFA or future NOFAs published in FY2007, you are subject to 18
U.S.C. 208, the federal criminal conflict-of-interest statute, and the
Standards of Ethical Conduct for Employees of the Executive Branch
regulation published at 5 CFR part 2635. As a result, if you have
assisted or plan to assist applicants with preparing applications for
programs in the SuperNOFA or NOFAs published in FY2007, you may not
serve on a selection panel and you may not serve as a technical advisor
to HUD. Persons involved in rating and ranking HUD FY2007 NOFAs,
including experts and consultants, must avoid conflicts of interest or
the appearance of such conflicts. Persons involved in rating and
ranking applications must disclose to HUD's General Counsel or HUD's
Ethics Law Division the following information, if applicable: how the
selection or non-selection of any applicant under the FY2007 SuperNOFA
will affect the individual's financial interests, as provided in 18
U.S.C. 208, or how the application process involves a party with whom
the individual has a covered relationship under 5 CFR 2635.502. The
person must disclose this information before participating in any
matter regarding a FY2007 NOFA. If you have questions regarding these
provisions or concerning a conflict of interest, you may call the
Office of General Counsel, Ethics Law Division, at (202) 708-3815 (this
is not a toll-free number).
p. Drug-Free Workplace. Applicants awarded funds from HUD are
required to provide a drug-free workplace. Compliance with this
requirement means that the applicant will:
(1) Publish a statement notifying employees that it is unlawful to
manufacture, distribute, dispense, possess, or use a controlled
substance in the applicant's workplace and that such activities are
prohibited. The statement must specify the actions that will be taken
against employees for violation of this prohibition. The statement must
also notify employees that, as a condition of employment under the
federal award, they are required to abide by the terms of the statement
and that each employee must agree to notify the employer in writing of
any violation of a criminal drug statute occurring in the workplace no
later than 5 calendar days after such violation;
(2) Establish an ongoing drug-free awareness program to inform
employees about:
(a) The dangers of drug abuse in the workplace;
(b) The applicant's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, or employee
maintenance programs; and
(d) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(3) Notify the federal agency in writing within 10 calendar days
after receiving notice from an employee of a drug abuse conviction or
otherwise receiving actual notice of a drug abuse conviction. The
notification must be
[[Page 2402]]
provided in writing to HUD's Office of Departmental Grants Management
and Oversight, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 3156, Washington, DC 20410-3000, along with the
following information:
(a) The program title and award number for each HUD award covered;
(b) The HUD staff contact name, phone, and fax numbers;
(c) A grantee contact name, phone, and fax numbers; and
(4) Require that each employee engaged in the performance of the
federally funded award be given a copy of the drug-free workplace
statement required in item (1) above and notify the employee that one
of the following actions will be taken against the employee within 30
calendar days of receiving notice of any drug abuse conviction:
(a) Institution of a personnel action against the employee, up to
and including termination consistent with requirements of the
Rehabilitation Act of 1973, as amended; or
(b) Imposition of a requirement that the employee participate
satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency.
q. Safeguarding Resident/Client Files. In maintaining resident and
client files, HUD funding recipients shall observe state and local laws
concerning the disclosure of records that pertain to individuals.
Further, recipients are required to adopt and take reasonable measures
to ensure that resident and client files are safeguarded.
r. Compliance with the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282). Applicants receiving an
award from HUD should be aware of the requirements of the Federal
Funding Accountability and Transparency Act of 2006, which calls for
the establishment of a central website that makes available to the
public full disclosure of all entities receiving federal funds. The
only exemptions to this law are federal transactions below $25,000 and
credit card transactions prior to October 1, 2006. Grantees should be
aware that the law requires the information provided on the federal
website to include the following elements related to all subaward
transactions, except as noted above:
(1) The name of the entity receiving the award;
(2) The amount of the award;
(3) Information on the award including the transaction type,
funding agency, the North American Industry Classification System code
or Catalog of Federal Domestic Assistance number (where applicable),
program source, and an award title descriptive of the purpose of each
funding action;
(4) The location of the entity receiving the award and primary
location of performance under the award, including the city, state,
congressional district, and country;
(5) A unique identifier of the entity receiving award and of the
parent entity of the recipient, should the entity be owned by another
entity; and
(6) Any other relevant information specified by OMB.
Additional information regarding these requirements will be
provided when available.
IV. Application and Submission Information
A. Addresses to Request Application Package
This section describes how applicants may obtain application forms
and request technical assistance.
1. Copies of the published NOFAs and application forms for HUD
programs made available at Grants.gov can be found at https://
apply.grants.gov/forms_apps_idx.html.
2. Technical Assistance and Resources for Electronic Grant
Applications.
a. Grants.gov Customer Support. Applicants having difficulty
accessing the application and instructions or having technical problems
can receive customer support from Grants.gov by calling (800) 518-
GRANTS (this is a toll-free number) or by sending an e-mail to
support@grants.gov. The customer support center is open from 7 a.m. to
9 p.m. eastern time, Monday through Friday, except federal holidays.
The customer service representatives will assist applicants in
accessing the information and addressing technology issues.
b. Desktop Users Guide for Submitting Electronic Grant
Applications. HUD has published on its Web site a detailed Desktop
Users Guide that walks applicants through the electronic process,
beginning with finding a funding opportunity, completing the
registration process, and downloading and submitting the electronic
application. The guide includes helpful step-by-step instructions,
screen shots, and error-proof tips to assist applicants in becoming
familiar with submitting applications electronically. The guide is
available online at https://www.hud.gov/offices/adm/grants/
deskuserguide.pdf.
c. HUD's Registration Brochure. HUD has a registration brochure
that provides detailed information on the registration process. See
https://www.hud.gov/offices/adm/grants/regbrochure.pdf.
d. HUD's Finding and Applying for Grant Opportunities Brochure. HUD
also has a brochure that will guide you through the process of finding
and applying for grants. See HUD's Finding and Applying for Grant
Opportunities brochure at https://www.hud.gov/offices/adm/grants/
findapplybrochure.pdf.
e. HUD's NOFA Information Center. Applicants that do not have
Internet access and need to obtain a copy of a NOFA can contact HUD's
NOFA Information Center toll-free at (800) HUD-8929. Persons with
hearing or speech impairments may access this number via TTY by calling
the Federal Information Relay Service at (800) 877-8339. The NOFA
Information Center is open between the hours of 10 a.m. and 6:30 p.m.
eastern time, Monday through Friday, except federal holidays.
f. HUD Staff. HUD staff will be available to provide you with
general guidance and technical assistance about this notice or about
individual program NOFAs. However, HUD staff is not permitted to help
prepare your application. Following selection of applicants, but before
announcement of awards are made, HUD staff is available to assist in
clarifying or confirming information that is a prerequisite to the
offer of an award or annual contributions contract (ACC) by HUD. If you
have program-related questions, follow the instructions in Section VII
of the Program Section entitled ``Agency Contact(s)'' in the program
NOFA under which you are applying.
g. Connecting with Communities: A User's Guide to HUD Programs and
the FY2007 NOFA Process Guidebook. A guidebook to HUD programs will be
available from the HUD NOFA Information Center and at the HUD's Funds
Available Web site at https://www.hud.gov/offices/adm/grants/
fundsavail.cfm after the publication of the SuperNOFA. The guidebook
provides a brief description of all HUD programs that have funding
available in FY2007, identifies eligible applicants for the programs,
and provides examples of how programs can work in combination to serve
local community needs.
h. SuperNOFA Webcasts. HUD provides technical assistance and
training on its programs announced through NOFAs. The NOFA broadcasts
are interactive and allow potential applicants to obtain a better
understanding of the threshold, program, and application submission
requirements for funding. Participation in this training opportunity is
free of
[[Page 2403]]
charge and can be accessed via HUD's Web site at www.hud.gov/offices/
adm/grants/fundsavail.cfm. The SuperNOFA Webcast schedule can be found
via HUD's Web site at https://www.hud.gov/webcasts/index.cfm.
B. Content and Form of Application Submission
1. Instructions on How to Register for Electronic Application
Submission. Applicants must submit their applications electronically
through Grants.gov. Before you can do so, you must complete several
important steps to register as a submitter. The registration process
can take approximately 2 to 4 weeks to complete. Therefore,
registration should be done in sufficient time before you submit your
application. This section provides information on how to register with
Grants.gov. There are five sequential registration steps required for
an applicant to complete:
a. Step one is to obtain a Dun and Bradstreet Data Universal
Numbering System (DUNS) number for your organization. All applicants
seeking funding directly from HUD must obtain a DUNS number and include
the number on the form SF-424, Application for Federal Financial
Assistance, which is part of the application submission. Failure to
provide a DUNS number will prevent you from obtaining an award,
regardless of whether it is a new award or renewal of an existing one.
This policy is pursuant to the OMB policy issued in the Federal
Register on June 27, 2003 (68 FR 38402). HUD published its regulation
implementing the DUNS number requirement on November 9, 2004 (69 FR
65024). A copy of the OMB Federal Register notice and HUD's regulation
implementing the DUNS number can be found on HUD's Web site at https://
www.hud.gov/offices/adm/grants/duns.cfm. Applicants cannot
submit applications electronically without a DUNS number entry.
Applicants should also be aware that the applicant information entered
and used to obtain the DUNS number will be used to pre-populate the
Central Contractor Registration (CCR), which is required as part of the
registration process. Applicants should carefully enter and review
their information when obtaining a DUNS number.
When completing the application, applicants will be asked to
provide their DUNS number on the SF-424. Applicants must carefully
enter the DUNS number on the application package, making sure it is
identical to the DUNS number under which the Authorized Organization
Representative is registered to submit an application. If the DUNS
number entered on the application package does not match the
registration, the application will be rejected. For details about the
error messages received when submitting with the wrong DUNS number,
please see HUD's Desktop Users Guide for Submitting Electronic Grant
Applications at https://www.hud.gov/offices/adm/grants/
deskuserguide.pdf. Applicants can obtain a DUNS number by calling (866)
705-5711 (this is a toll-free number). The approximate time to get a
DUNS number is 10 to 15 minutes, and there is no charge. You should
wait approximately 24 to 48 hours to register with the CCR so that your
DUNS number can become active in Dun and Bradstreet's (D&B) records.
b. Step two is to register with the CCR.
Grant applicants must register with CCR to begin the electronic
application submission process. The CCR is the primary vendor database
for the federal government. In addition, your CCR registration must be
renewed/updated annually. Failure to update/renew your CCR registration
will cause your Grants.gov registration to be invalid and you will not
be able to submit an application for funding. Registration can take
several weeks, so HUD urges any applicant that has not completed or
updated its registration to do so immediately because the changes to
the CCR registration processing noted below may prohibit you from
attempting to make these changes in the last few days prior to the
deadline date. Applicants can register with the CCR at https://
www.ccr.gov/. The CCR registration process consists of completing a
Trading Partner Profile (TPP), which contains general, corporate, and
financial information about your organization. While completing the
TPP, you will need to identify an E-Business Point of Contact (E-
Business POC), who will be responsible for maintaining the information
in the TPP and giving authorization to individuals to serve as
Authorized Organization Representatives (AORs). The AOR will submit
applications through Grants.gov for your organization.
(1) CCR Use of D&B Information. At the end of July 2006, a policy
change to the CCR name and address information was implemented. Under
this new policy, instead of obtaining name and address information
directly from the registrant, CCR will obtain the following data fields
from D&B: Legal Business Name, Doing Business As Name (DBA), Physical
Address, and Postal Code/Zip+4. Registrants will not be able to enter/
modify these fields in CCR; they will be pre-populated using D&B Data
Universal Numbering System (DUNS) record data. During new registration
or when updating a record, the registrant has a choice to accept or
reject the information provided from D&B. Under the revised system, if
the CCR registrant agrees with the D&B-supplied information, the D&B
data will be accepted into the CCR registrant record. If the registrant
disagrees with the D&B-supplied information, the registrant will need
to go to the D&B Web site https://fedgov.dnb.com/webform to modify the
information currently contained in D&B's records before proceeding with
its CCR registration. Once D&B confirms modifications, the registrant
must revisit the CCR Web site and ``accept'' D&B's changes. Only at
this point will the D&B data be accepted into the CCR record. This
process can take up to 2 business days for D&B to send modified data to
CCR, and that time frame may be longer if data is sent from abroad.
(2) CCR EIN/TIN Validation. On October 30, 2005, CCR began
validating the Employer Identification Number (EIN)/Taxpayer
Identification Number (TIN) and the Employer/Taxpayer Name of each new
and updating CCR registrant with the IRS. The EIN/TIN matching process
is a joint effort between the General Services Administration,
Department of Defense, and IRS to improve the quality of data in
government acquisition systems. A notice has gone out to CCR
registrants informing them of the IRS validation in CCR registration.
In order to complete your CCR registration and qualify as a vendor
eligible to bid for federal government contracts or apply for federal
grants, the EIN/TIN and Employer/Taxpayer Name combination you provide
in the IRS Consent Form must match exactly to the EIN/TIN and Employer/
Taxpayer Name used in federal tax matters. It will take at least one to
two business days to validate new and updated records prior to becoming
active in CCR. Therefore, please be sure that the data items provided
to D&B match information that you have provided to the IRS. Otherwise,
when the validation check with IRS is done, the registrations in D&B
and the CCR will not match the IRS information and an error message
will result. This will prevent the registration from being completed
until the discrepancies have been resolved. Applicants should allow
sufficient time to review their D&B and CCR information. If you have
questions about your EIN or TIN, call (800) 829-4933.
c. Step three requires that the designated Authorized Organization
Representative (AOR) from the organization register with the Credential
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Provider. In order to safeguard the security of your electronic
information, Grants.gov utilizes a Credential Provider to determine
with certainty that someone is really who he or she claims to be. Your
organization will need to be registered with the CCR and you will need
to have your organization's DUNS number available to complete this
process. An assigned AOR must register with the Credential Provider to
create and receive a username and password, which are needed to submit
an application package through Grants.gov. Applicants can register with
the Credential Provider at https://apply.grants.gov/OrcRegister.
Beginning August 30, 2007, organizations will have three federally
approved credential providers from which to choose their authentication
services--the Agriculture Department; OPM's Employee Express; and, the
current provider, Operational Research Consultants, Inc. (ORC). Users
who already hold a Grants.gov user name and password through ORC will
not experience much change. New users will be able to choose from the
credential providers on the list.
d. Step four requires the AOR to register with Grants.gov in order
to submit an electronic grant application. To submit an application to
HUD, an AOR must be able to make a legally binding commitment on behalf
of the applicant. The AOR can register with Grants.gov and submit an
application on the same day. Applicants can register with Grants.gov at
https://apply.grants.gov/GrantsgovRegister.
e. Step five requires the E-Business point of contact (POC) to
approve the designated AORs. The E-Business POC can designate the AOR
to submit applications on behalf of the organization at https://
apply.grants.gov/agency/AorMgrGetID.
2. Instructions on How to Download an Application Package and
Application Instructions
a. The Application Package and Application Instructions. The
general process for downloading, completing, submitting, and tracking
grant application packages is described at https://www.grants.gov/
applicants/apply_for_grants.jsp. To download the application
and instructions, go to https://apply.grants.gov/forms_apps_
idx.html and enter the CFDA Number, Funding Opportunity Number, or
Funding Opportunity Competition ID for the application that you are
interested in. If you enter more than one criterion, you will not find
the instructions. You will then come to a page where you will find the
funding opportunity Download Application & Instructions links. The
first thing you should do is download the Instructions by clicking on
the Download Instructions link. The Instructions contain the General
and Program Sections for the funding opportunity, as well as forms that
are not part of the application download but are included as elements
of a complete package as specified in the published NOFA. The second
thing you should do is download the application by clicking on the
Download Application link. Both the Instructions and Application can be
saved to your desktop. You do not need to be registered to download and
read the instructions or complete the application; however, once you
have downloaded the application and intend to submit an application,
you must save it on your computer.
Each program NOFA also includes a checklist. Please review the
checklist in the Program Section to ensure